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Appeal from

assessment. 1887, 338, § 3.

Board to make
return.
1868, 160, § 6.
P. S. 80, § 33.

Appointment

of commission

ers.

1868, 160, § 7. P. S. 80, § 34.

Appeal to County commissioners. 1868, 160, § 8. P. S. 80, § 35. 160 Mass. 486.

board that the land described in the petition is a nuisance may ap- 3 peal therefrom to the superior court, if, within twenty-four hours 4 after notice of such decision, he gives notice in writing to said 5 board of his intention so to do and within seven days after such 6 notice presents a petition to the superior court stating his grievance 7 and the action of said board thereon, and enters into such recogniz- 8 ance as said court shall order. The superior court may hear and 9 determine such appeal, pending which all proceedings by the board 10 of health relative to such nuisance shall be stayed.

11

Costs and expenses, how paid.

1866, 211, § 3. P. S. 80, § 38.

SECTION 80. Whoever is aggrieved by such decision in the 1 determination of benefits accrued or in the apportionment of the 2 expense may, within three months after notice thereof, apply for a 3 jury, first giving one month's notice in writing to the mayor and 4 aldermen or selectmen of his intention so to do, and particularly 5 specifying therein his objections to said decision. Such appli- 6 cation for a jury shall otherwise be made in like manner and the 7 proceedings thereon shall be the same as in case of land taken for 8 laying out highways, except that at the trial the petitioner shall be 9 confined to the objections specified in his notice.

10

SECTION 81. The board shall, within thirty days after any such 1 abatement, make return of its doings to the city or town clerk who 2 shall record them in the city or town records.

3

SECTION 82. If the board unreasonably refuses or neglects to 1 proceed in the matter of said petition, the petitioner may apply to 2 the superior court which, upon a hearing and good cause shown, 3 may appoint three commissioners, who shall proceed in the manner 4 hereinbefore provided. 5

SECTION 83. Whoever is aggrieved by the decision of the board 1 or commissioners in their estimate and award of damages may make 2 complaint to the county commissioners within one year after the 3 return to the city or town clerk; and thereupon the proceedings 4 shall be the same as in cases in which persons are aggrieved by the 5 award of damages by selectmen for land taken for a town way.

6

Application to
county com-
missioners.
1866, 211, §§ 1, 2.

SECTION 84. Whoever is aggrieved by the neglect or refusal of 1 the board of health in a city or town to pass all proper orders 2 P. S. 80, 95 36, abating a nuisance may apply to the county commissioners, who 3

37.

may hear and determine such application and exercise in such case 4 all the powers of such board. The applicant shall, within twenty- 5 four hours after such neglect or refusal, file with said board a written 6 notice to the adverse party of his intention so to apply and within 7 seven days shall present a petition to one of the county commis- 8 sioners, stating the grievances complained of and the action of the 9 board of health thereon.

10

SECTION 85. Each commissioner, when acting under the provi- 1 sions of the preceding section, shall tax three dollars a day for time 2 and five cents a mile for travel to and from the place of meeting, 3 which shall be paid into the county treasury; and such costs shall 4 in the first instance be paid by the applicant, and the commissioners 5

6 may award that costs of the proceeding shall be paid by any party

7 thereto.

1

infected

SECTION 86. The board of health of a town may grant permits Removal of 2 for the removal of any nuisance, infected articles or sick person 3 within the limits of its town.

articles, etc.

G. S. 26, § 15.

P. S. 80, § 39.

1816, 44, § 12. R. S. 21, § 15.

1

secure in

etc.

SECTION 87. If, upon the application of the board, it appears Warrant to 2 to a magistrate authorized to issue warrants that there is just cause fected articles, 3 to suspect that baggage, clothing, or goods, found within the town, 1751-2, 12, § 1. 4 are infected with any disease dangerous to the public health, he shall, 1797, 16, 55. 5 by warrant directed to the sheriff or his deputy or to any constable, G. S. 26, § 20. 6 require him to impress as many men as said magistrate may judge P. S. 80, § 44. 7 necessary to secure such baggage, clothing or goods, and to post 8 said men as a guard over the house or place containing such articles 9 to prevent persons from removing or coming near the same until 10 due inquiry is made into the circumstances.

R. S. § 20. 1877, 211, 1.

1

houses

SECTION 88. The magistrate may, by the same warrant, require warrant to 2 the officers, under the direction of the board, to impress and take for safe keep3 up convenient houses or stores for the safe keeping of such articles; ing of goods. 4 and the board may cause them to be removed thereto or otherwise 1797, 16, § 5, 5 detained until, in the opinion of the board, they are freed from G. S. 26, § 21. 6 infection.

1751-2, § 3.

R. S. 21, § 21.

1877, 211, § 1. P. S. 80, § 45.

command aid.

2.

1 SECTION 89. The officers, in the execution of the warrant, may officers may 2 command aid and may break open any house, shop or other place 1751-2, 12, §§ 1, 3 mentioned in the warrant where such articles are found. Whoever, 4 being commanded by said officers to assist in the execution of the 5 warrant, neglects or refuses so to do, shall forfeit not more than 6 ten dollars.

1797, 16, § 5. R. S. 21, 22. P. S. 80, § 46.

G. S. 26, § 22.

1

SECTION 90. The expense of securing, transporting and puri- Expense, how 2 fying such articles, as fixed by the board, shall be paid by the P

3 owners.

P. S. 80, § 47.

1751-2, 12, § 2. 1797, 16, § 5. R. S. 21, § 23. G. S. 26, § 23.

OFFENSIVE TRADES.

1

places for of

SECTION 91. The board of health of a town shall from time to Assignment of 2 time assign certain places for the exercise of any trade or employ- fensive trades. 3 ment which is a nuisance or hurtful to the inhabitants, injurious 1692323, § 1. 4 to their estates, dangerous to the public health or is attended by 1710-11, 8, § 1. 5 noisome and injurious odors, and may prohibit the exercise thereof R. S. 21, § 47. 6 within the limits of the town or in places not so assigned. Such G. S. 26, § 52. 7 assignments shall be entered in the records of the town, and may 16 Gray, 233. 8 be revoked when the board shall think proper.

1785, 1, § 1.

1855, 391, § 1. P. 84.

8 Allen, 325. 11 Allen, 398.

116 Mass. 260.

125 Mass. 191.

135 Mass. 526.

97 Mass. 223.

151 Mass. 563.

of, by court.

revocation 10-11, 8, § 2.

1785, 1, 2.

1 SECTION 92. If a place or building so assigned becomes a 2 nuisance by reason of offensive odors or exhalations therefrom, or 3 is otherwise hurtful or dangerous to the neighborhood or to travel- R. S. 21, § 48. 4 lers, the superior court may, on complaint of any person, revoke G. S. 26, 53. 5 such assignment, prohibit such further use of such place or build6 ing and cause the nuisance to be removed or prevented.

P. 80, §

[blocks in formation]

Appeal from order.

Trade not to be exercised meanwhile. 1855, 391, § 4. G. S. 26, § 57. P. S. 80, § 89. 1889, 193, § 1.

SECTION 93. Whoever is injured in the comfort or enjoyment 1 of his estate by such nuisance may have an action of tort for the 2 damage sustained thereby.

3

Costs.
1855, 391, § 6.
G. S. 26, § 59.
P. S. 80, § 91.
1889, 193, § 1.

1855, 391, § 3. G. S. 26, § 56. 1865, 263. P. S. 80, § 88. 1883, 133. 1889, 193, § 1. 11 Allen, 398. 116 Mass. 254. 125 Mass. 182, 190. 131 Mass. 197.

135 Mass. 526. by jury. If, by mistake of law or fact or by accident, he fails 8

within said three days to apply as aforesaid, and if it appears to the 9 court that such failure was caused by such mistake or accident, and 10 that he has not, since the service of such order upon him, violated 11 it, he may within thirty days after the service of the order upon 12 him apply for a jury. 13

Slaughter
houses to be
licensed.
1894, 491, § 17.
1895, 496, § 3.
1897, 428, § 2.
109 Mass. 315,
320.

SECTION 94. Orders of prohibition which may be issued under 1 the provisions of section ninety-one shall be served upon the 2 occupant or person having charge of the premises where such trade 3 or employment is exercised. If he refuses or neglects for twenty- 4 four hours thereafter to obey the same, he shall forfeit not less than 5 fifty nor more than five hundred dollars, and the board shall take 6 all necessary measures to prevent such exercise.

7

SECTION 95. Whoever is aggrieved by an order passed under 1 the provisions of section ninety-one or one hundred and seven may, 2 within three days after the service of the order upon him, give 3 written notice of appeal to the board and file a petition for a jury 4 in the superior court in the county in which the premises affected 5 are located, and, after notice to the board, may have a trial at the 6 bar of the court in the same manner as other civil cases are tried 7

Effect of
verdict.
1855, 391, § 5.

SECTION 97. The verdict may either alter, affirm or annul the 1order, and shall be returned to the court for acceptance; and if 2 accepted, shall have the authority and effect of a valid order of the 3 125 Mass. 194. board, and may also be enforced by the court in equity.

G. S. 26, § 58.

P. S. 80, § 90.

2.

4

SECTION 96. Such trade or employment shall not be exercised 1 contrary to the order while such proceedings are pending, unless 2 specially authorized by said board, and if so specially authorized, 3 all further proceedings by said board shall be stayed while such 4 proceedings are pending. Upon any violation of the order, unless 5 specially authorized as aforesaid, the proceeding shall forthwith be 6 dismissed. 7

SECTION 98. If the order is affirmed by the verdict, the board 1 shall recover costs to the use of the town; if it is annulled and 2 the petitioner has not been specially authorized by said board to 3 exercise such trade or employment during the proceedings, he shall 4 recover damages and costs against the town; if it is annulled and 5 the petitioner has been specially authorized as aforesaid, or if it is 6 altered, he shall not recover damages, and the court may render 7 judgment for costs in its discretion. 8

SECTION 99. The proprietor of every slaughter house, canning, 1 salting, smoking or rendering establishment, and of every estab- 2 lishment used for the manufacture of sausages or chopped meat of 3 any kind, who is engaged in the slaughter of neat cattle, sheep or 4 swine, the meat or product of which is to be sold or used for 5 food, shall annually in April apply for a license to the mayor and 6

7 aldermen of the city, the selectmen of the town or, in a town 8 having a population of more than five thousand, to the board of 9 health, if any, in which such slaughter house or establishment is 10 located. The application shall be in writing, signed and sworn to 11 by one or more of the owners or by one or more of the persons 12 carrying on such business, or, if a corporation, by some author13 ized officer thereof, shall state the name and address of all the 14 owners or persons carrying on said business, the location of the 15 slaughter house or establishment in which said business is to be 16 conducted, the estimated number of neat cattle, sheep or swine to 17 be slaughtered per week, the days of the week upon which they 18 are to be slaughtered and the nature of the products thereof to be 19 sold or used for food.

1

SECTION 100.

§ 18.

The mayor and aldermen, selectmen, or such Issue of 2 other officers as they shall designate, or in a town having a popu- Record. 3 lation of more than five thousand, the board of health, if any, may 1895, 496, 4. 4 annually issue licenses to carry on the business of slaughtering neat 1897, 428, § 2. 5 cattle, sheep or swine to applicants therefor. The fee for each 6 license shall be one dollar. The license shall name the persons 7 licensed to conduct such business, and the building or establish8 ment in which it is to be carried on, and it shall continue in force 9 until the first day of May of the year next ensuing, unless sooner 10 forfeited or rendered void. A record shall be kept by the board or 11 officers authorized to issue licenses of all applications for licenses 12 under the provisions of the preceding section and of all licenses 13 issued, which shall be evidence of the issue of any such license. 14 Such board or officers shall annually, on or before the first day of 15 June, send to the board of cattle commissioners a copy of every 16 application made to them under the provisions of the preceding 17 section and their action thereon, and a list of all persons with their 18 addresses, who although engaged in the business named in the pre19 ceding section on the last day of the previous April, failed to make 20 application for a license.

Fee.

1894, 491, § 19.

1 SECTION 101. A licensee under the provisions of the preceding Slaughtering 2 section shall not slaughter any such animals, or cause them to be of 3 slaughtered at such slaughter house or establishment, on any days 1895, 496, § 5. 4 other than those specified in the application for such license, except 5 in the presence of a member of the board of health or of an inspec6 tor appointed therefor by said board; but he may at any time change 7 the days for slaughtering such animals, by giving at least seven days' 8 written notice thereof to the board or officer authorized to issue 9 licenses, who shall immediately give written notice of such change 10 to such inspector of such city or town.

inspectors.

1895, 6.

1 SECTION 102. Such inspector as has been appointed by the Duties and 2 board of health shall be present at all licensed slaughter houses powers of 3 or establishments upon the days designated for slaughter by the 1894, 491, § 20. 4 licensee, as provided in the preceding section, and there carefully 5 examine the carcasses of all animals at the time of slaughter. Such 6 inspection shall be made in such manner and under such rules and 7 regulations as the board of cattle commissioners may determine and 8 direct. If, in the opinion of an inspector, any carcass, or any

Private
slaughter

houses.
1894, 491, § 21.
1895, 496, § 7.

Penalties.

1894, 491, § 22. 1895, 496, § 8.

Conviction renders license void.

1894, 491, § 23.

Slaughter

houses, etc.,

as to.

1692-3, 23, § 1.
1696, 13.
1710-11, 8, § 1.
1785, 1, § 1.

R. S. 21, § 47.
1871, 167, § 1.
1874, 308.
P. S. 80, § 92.
1893, 106.
1897, 428, § 2.
109 Mass. 315,
320.
114 Mass. 353.

meat or product thereof is diseased, corrupted, unwholesome or 9 unfit for food, he shall seize it and cause it to be destroyed, as pro- 10 vided in section forty-six of chapter fifty-six.

11

SECTION 103. The provisions of the four preceding sections 1 shall not apply to a person not engaged in such business, who, upon 2 his own premises and not in a slaughter house, slaughters his own 3 neat cattle, sheep or swine, but the carcass of any such animals 4 shall be inspected by an inspector at the time of slaughter, unless 5 said animal is less than six months old or has been duly inspected 6 under the provisions of chapter ninety, within six months prior to 7 such slaughter and a certificate of health has been delivered to the 8 owner or person in charge thereof.

9

SECTION 104. Whoever violates the provisions of the four pre- 1 ceding sections, or, being engaged in the business of slaughtering 2 neat cattle, sheep or swine, slaughters the same, without a license, 3 or knowingly authorizes or causes the same to be slaughtered with 4 intent to sell the meat or product thereof for food, or, having such 5 license, slaughters or knowingly authorizes or causes to be slaugh- 6 tered any neat cattle, sheep or swine without causing the carcass 7 thereof to be inspected as provided in section as provided in section one hundred and 8 two, or whoever sells or authorizes or causes to be sold any carcass 9 or the meat or product thereof knowing that such carcass has not 10 been inspected according to the provisions of sections one hundred 11 and two and one hundred and three, or whoever slaughters or know- 12 ingly authorizes or causes to be slaughtered any neat cattle, sheep 13 or swine upon his own premises other than a slaughter house or 14 establishment mentioned in section ninety-nine, without causing the 15 carcass of such animal to be inspected, except as provided in the 16 preceding section, or whoever sells, or authorizes or causes to be 17 sold, the carcass or any meat or product thereof of any such animal 18 slaughtered upon his own premises, knowing that the same has not 19 been inspected as provided in the preceding section, shall be pun-20 ished by a fine of not more than five hundred dollars or by im- 21 prisonment for not more than sixty days, or by both such fine and 22 imprisonment.

23

SECTION 105. A conviction under the provisions of the preceding 1 section of any person licensed under the provisions of section one 2 hundred shall render his license void, and no new license shall be 3 granted to him for the balance of the term.

4

SECTION 106. Whoever occupies or uses a building for carrying 1 on therein the business of slaughtering cattle, sheep or other 2 animals, or for a melting or rendering establishment, or for other 3 noxious or offensive trades and occupations, or permits or allows said 4 trades or occupations to be carried on upon premises owned or 5 occupied by him, without first obtaining the written consent and 6 permission of the mayor and aldermen of the city and of the com- 7 mon council if there is such a board, or of the selectmen or, in any 8 town having a population of more than five thousand, of the board of 9 health, if any, of the town in which the building or premises are 10 situated shall forfeit not more than two hundred dollars for every 11

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