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a. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this act or of any ordinance passed pursuant to the authority hereof.

b. To vary or modify the application of any of the provisions of any ordinance passed pursuant to the authority hereof in such a manner that the spirit of such ordinance shall be observed and public safety secured and substantial justice done where there are practical difficulties in the way of carrying out the strict letter of such ordinance.

In exercising the above mentioned powers the board may, in conformity with the provisions of this act, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer, and the concurring vote of four members of the board shall be required to vary or modify the application of any of the provisions of any ordinance passed pursuant to the authority hereof.

Any person or persons jointly or severally agcourte beperscr grieved by any decision of the board of review, or

any officer, department, board or bureau of the municipality, may present to the supreme court a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the

Of petition to the supreme

certiorari, eto.

filing of the decision in the office of the board. Upon the presentation of such petition, the court Writ of may allow a writ of certiorari directed to the board of review to review such decision of the board of review and shall prescribe therein the time within which a return thereto must be made, which shall be not less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board of review shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If upon the hearing it shall appear to the court Testimony, that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision brought up for review.

SEC. 3. Any person having any duty to perform Authorized under the provisions of any ordinance passed pur- etc., in persuant to the authority hereof so far as may be duty. neccessary for the performance of his duty may enter any building or premises in the city. The city City may council may prescribe by ordinance penalties for any polation of violation of any ordinance passed pursuant to the

etc.

person may

formance of

ordinances.

power to issue

powers.

authority hereof by a fine of not exceeding twenty dollars for every violation thereof and not exceeding

twenty dollars for each day's continuance of any Courts to have violation thereof. The supreme court and the extraordinary superior court for the counties of Providence and

Bristol, within their respective jurisdictions, or any justice of either of said courts in vacation, shall upon due proceedings in the name of the city instituted by its city solicitor, have power to issue any extraordinary writs or to proceed according to courts of equity, or both, to restrain the construction, alteration, repair, maintenance, removal, use or occupation of a building, structure or other thing constructed, repaired, maintained, or removed in violation of the provisions of any ordinance passed pursuant to the authority hereof or to order its removal or abatement as a nuisance; to restrain the further construction, alteration, repair, maintenance, use or occupation of a building, structure or other thing which is unsafe or dangerous; to compel compliance with the provisions of this act and of any ordinance passed pursuant to the authority hereof; to order the removal by the owner of a building, structure or other thing unlawfully existing and to authorize the inspector of buildings or other administrative officer in default of such removal by the owner to remove it at the owner's expense. When under the provisions of any ordinance passed pursuant to the authority hereof, any work is done or material furnished by any administrative officer or by his order at the expense of the owner or other persons interested, the value of such work and materials may be recovered in an action of the case brought in said superior court against such owner or other interested person or persons, and if any such work or materials shall have been done or

pursuant to

furnished by or at the cost of the city, such officer shall cause the same to be brought in the name of the city. Upon the entry of any case or proceeding brought under the provisions of this act, the court shall at the request of either party advance the case so that it may be heard and determined with as little delay as possible.

Sec. 4. The provisions of clause 15 of section Certain IX of chapter 598 of the public laws, approved apply tot

provisions of March 8, 1866, entitled "An act to revise, con- passed solidate and amend the act entitled 'An act to this act. incorporate the city of Providence', and the several acts in addition thereto and in amendment thereofshall not apply to any ordinances passed pursuant to the authority hereof.

SEC. 5. The city council shall enact the first certain laws ordinance pursuant to the authority hereof to take when. effect on the first day of March, A. D. 1924, and thereupon chapter 472 of the public laws passed at the January session, A. D. 1909, entitled "An act in amendment and revision of chapter 688 of the public laws, entitled 'An act in relation to buildings in the city of Providence and for other purposes,' passed at the January session, A. D. 1878, and the acts in amendment thereof and in addition thereto," and all other acts and parts of acts inconsistent herewith are hereby repealed, but this act shall not affect the work of completing any building, alteration or repair for which permit shall have been duly granted and which shall have been begun prior to said date, or completing other work or action duly authorized and begun prior to said date if done in conformity with the provisions of the laws which are repealed by the provisions hereof. SEC. 6. This act shall take effect

its

upon

passage.

CHAPTER 486.

(2371)

H 642.
Approved
May 4, 1923.

AN ACT IN AMENDMENT OF SECTION 2 OF CHAPTER 978

OF THE PUBLIC LAWS, PASSED AT THE JANUARY
SESSION, A. D. 1913, ENTITLED “AN ACT RELATIVE
TO THE DEPARTMENT OF THE CITY CLERK OF THE
CITY OF PROVIDENCE, AND IN AMENDMENT OF AND
IN ADDITION TO CHAPTER 598 OF THE PUBLIC LAWS,
ENTITLED 'AN ACT TO REVISE, CONSOLIDATE AND
AMEND THE ACT, ENTITLED

“AN ACT TO INCOR-
PORATE THE CITY OF PROVIDENCE, AND THE
SEVERAL ACTS IN ADDITION THERETO AND IN
AMENDMENT THEREOF,' PASSED MARCH 8, 1866,
AND THE ACTS IN AMENDMENT THEREOF AND IN
ADDITION THERETO."

It is enacted by the General Assembly as follows:

SECTION 1. Section 2 of chapter 978 of the public laws, passed at the January session, A. D. 1913, entitled "An act relative to the department of the city clerk of the city of Providence, and in amendment of and in addition to chapter 598 of the public laws, entitled 'An act to revise, consolidate and amend the act, entitled “An act to incorporate the city of Providence," and the several acts in addition thereto and in amendment thereof,' passed March 8, 1866, and the acts in amendment thereof and in addition thereto,” is hereby amended so as to read as follows:

"Sec. 2. Said city clerk shall be, ex officio, clerk of the board of aldermen and clerk of the common council. In case of his disability from any cause or absence from any meeting of the board of aldermen or common council, either the first or second deputy city clerk shall act as clerk during such absence or disability. If at any meeting of either branch of

City clerk of Providence or his deputies, etc., to act as clerk of board of aldermen and common council.

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