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cases are tried, including the right to except to rulings and apply for new trial for cause. In case of conflicting claims to such land by any two or more petitioners, said court may set down the petitions of such petitioners for trial at the same time by the same jury, and may frame all necessary issues for the trial thereof.

Conflicting claims.

petition.

SEC. 4. In case any owner of or any person having Failure to file an estate in or interested in such land shall fail to file his petition as provided in section three of this act, said court in its discretion may permit the filing of such petition subsequent to said period of one year from the filing of such description and statement: Provided, such person shall have had no actual knowledge of the taking of such land in season to file such petition; and provided said city, after the filing of such description and statement, shall not have paid any other persons, claiming to own such land, the price or value of the same, or be liable to pay for the same under any judgment rendered against said city under the provisions of this act.

SEC. 5. This act shall take effect upon its

CHAPTER 499.
[2384]

passage.

AN ACT REGULATING THE ESTABLISHMENT OF PUBLIC
GARAGES IN THE CITY OF CRANSTON, AND AUTHOR-
IZING THE CITY COUNCIL OF SAID CITY TO MAKE
REGULATIONS PERTAINING TO GARAGES THEREIN.

It is enacted by the General Assembly as follows:

H 607.
Approved
Mar. 23, 1923.

"public auto

mobile garage,"

what to
include.

SECTION 1. In this act the words public automo- Words bile garage or garages, without excluding the ordinary signification thereof, includes any building or structure, or part thereof, used or intended to be used as a place for the keeping of or housing at any

Words "private automobile garage," what to include.

Permit to be obtained for erection, etc., of a public automobile

garage.

one time of more than three motor vehicles of any description, charged with or containing gasoline or any of the products of petroleum, or any compound thereof, or any volatile inflammable liquid for fuel or power, whether such motor vehicles or any thereof are kept or housed therein usually or for cleaning, repairs or any other temporary purpose or purposes; and includes any building or structure, or part thereof, although divided by division or other walls into separate parts or compartments available for use, each independent of the other or others, which parts or compartments altogether are used or intended to be used as aforesaid; and includes any group or number of separate buildings or structures, or parts thereof, located on the same lot or estate, which altogether are used or intended to be used as aforesaid.

In this act the words private automobile garage or garages, includes any building or structure, or part thereof, which is not a public garage, or part thereof, and which is used or intended to be used as a place for the keeping or housing usually or temporarily for any purpose or purposes of any motor vehicle or vehicles of any description, charged with or containing gasoline or any of the products of petroleum, or any compound thereof, or any volatile inflammable liquid for fuel or power, but shall not include any buildings or structure, or parts thereof, wherein is kept or housed only one motorcycle or motor tricycle.

SEC. 2. No person shall hereafter erect, alter or enlarge any building or structure, or part thereof, for a public automobile garage or part thereof in the city of Cranston or use or permit to be used, for a public automobile garage or part thereof, any building or structure or part thereof in said city which is

may impose

not now used as a public automobile garage within the meaning of this act or as part thereof, unless a permit therefor shall be first obtained from the city council of said city, and the definite location thereof shall be first approved by said city council. In granting said permits, said city council from time City council to time may impose such conditions as it may deem conditions. best to preserve the safety and physical comfort of the portion of the public residing or being about or near the location thereof, or of the public generally, such conditions shall be printed or written upon the permit. Said city council shall have power to revoke or suspend such permit, after giving the owner or owners an opportunity to be heard, if it shall find that the provisions of the application to build as granted, the limitations or conditions of the permit or any legal regulations governing such automobile garages or the equipment, operation or maintenance thereof have not been fully observed or complied with. In case of such revocation, the building or structure, or any part thereof, shall no longer be used as a public automobile garage, or part thereof, and in case of such suspension, the same shall not be used as aforesaid during the time of such suspension.

SEC. 3. Every building or structure hereafter erected, altered or enlarged to be used wholly or in part for a public automobile garage, or part thereof, shall be either of mill construction or of fire proof construction, ordinary or absolute.

Permit may suspended.

be revoked or

Public autoconstructed.

mobile garage, how to be

SEC. 4. The heating of every such building or Heating. structure or part thereof to be used for a public automobile garage shall be done by steam or hot water, and therein no boiler, furnace, forge or exposed fire shall be set or located, except in a separate room, the walls of which in case of mill construction shall be of slow burning construction.

Existing building or

structure to be used as public automobile garage, to comply with the requirements of this

act.

Provisions relative to private automobile garage.

City council may prescribe regulations governing garages.

SEC. 5. No such permit shall be granted for the location of any public automobile garage in, and no person shall use or permit to be used, any existing building or structure, or part thereof, not now used as such without any alteration or other new construction, unless it complies or is made to comply with the requirements hereof relative to the erection, alteration or enlargement of a building or structure for a public automobile garage, and unless also due permit is obtained therefor.

SEC. 6. No person shall use or permit to be used as a private automobile garage any building or structure, not of fire proof absolute construction, that is occupied in any part as a school, hospital, hotel, church, theatre or place of public amusement or assembly or as a dwelling apartment, tenement or lodging home, unless the part used or to be used as such garage shall on the inside be of fire-proof absolute construction, with a cement concrete floor and without any door, window or other opening between such part or any other part of such building or structure except automatic closing fire doors and except for piping or electrical conduits sealed in the wall air tight: Provided, however, that the provisions hereof shall not apply to any building or structure now used and occupied as aforesaid. No building permit shall be granted for erecting, altering or enlarging any building or structure to be used and occupied as aforesaid except in conformity with the provisions hereof.

SEC. 7. The city council of said city from time to time by ordinance may prescribe such reasonable regulations consistent herewith governing the equipment, care and manner of operation of either or both public and private garages now or hereafter existing in said city, as it may deem best, to diminish the

fire hazard, and to preserve the safety and physical comfort of the portion of the public residing or being about or near the location thereof, or of the public generally.

SEC. 8. All persons violating any provisions of Penalties. this act shall be fined twenty dollars for every violation thereof, and shall be fined not exceeding twenty dollars for each day's continuance of said violation. Fines recovered for the violation of any of the pro- Fines to be visions of this act or any act in amendment thereof treasury. or in addition thereto shall be paid into the city treasury.

may restrain

The superior court, or any justice thereof in Superior court vacation, may restrain by injunction any violation by injunction. of this act, and may, according to the course of equity, secure the fulfillment and execution of the provisions thereof.

SEC. 9. This act shall take effect upon its passage and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 500.
[2385]

AN ACT IN AMENDMENT OF SECTION 17 OF CHAPTER 1689 OF THE PUBLIC LAWS, ENTITLED 'AN ACT IN

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RELATION TO BUILDINGS IN THE CITY OF CRANSTON
AND FOR OTHER PURPOSES,' PASSED AT THE JAN-
ARY SESSION, 1918.

It is enacted by the General Assembly as follows:

SECTION 1. Section 17 of chapter 1689 of the public laws, entitled "An act in relation to buildings in the city of Cranston and for other purposes," passed at the January session, 1918, is hereby amended to read as follows:

H 850.
Approved
May 15, 1923.

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