Slike strani
PDF
ePub

appeal.

board of review.

of review after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of review or by a court of competent jurisdiction on application therefor and upon notice to the officer from whom the appeal is taken and on due cause shown.

“The board of review shall fix a reasonable time Hearing of for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

“The board of review shall have the following powers of powers:

"a. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

“b. To hear and decide special exceptions to the terms of the ordinance, upon which such board is authorized to pass under such ordinance.

“c. To authorize upon appeal in specific cases such variance in the application of the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

"In exercising the above-mentioned powers the Exercise of board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly or may

powers.

Vote of board required.

Of petition to the supreme court.

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 decide in favor of the applicant on any matter within the discretion of the board upon which it is required to pass under any such ordinance or to effect any variation in the application of such ordinance.

“Any person or persons, jointly or severally aggrieved 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 filing of the decision in the office of the board. Upon the presentation of such petition, the court 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

Allowance of writ of certiorari by court.

Original papers not

required to be returned.

appointment

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

CHAPTER 431.

[2316]

AN ACT RELATING TO THE RHODE ISLAND SOCIETY FOR H 732.

Approved THE PREVENTION OF CRUELTY TO ANIMALS, THE May 1, 1923. RHODE ISLAND SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AND THE RHODE ISLAND HUMANE EDUCATION SOCIETY, AND IN AMENDMENT OF SECTION 19 OF CHAPTER 141 OF THE GENERAL LAWS, SECTION 8 OF CHAPTER 142 OF THE GENERAL LAWS AND SECTION 27 OF CHAPTER 416 OF THE GENERAL LAWS.

It is enacted by the General Assembly as follows:

SECTION 1. Section 19 of chapter 141 of the general laws, entitled “Of cruelty to animals,” is hereby amended so as to read as follows:

Appropria-
tions for the
R. I. Society
for the Pre-
vention of
Cruelty to
Animals, when

Appropriations
for Society for
Prevention of
Cruelty to

,

to be paid.

“Sec. 19. The state auditor shall draw his order on the general treasurer, in favor of the treasurer of

the Rhode Island Society for the Prevention of and how to be Cruelty to Animals, for such sums as shall be from

time to time appropriated by the general assembly to said society, to be paid in equal monthly installments."

Sec. 2. Section 8 of chapter 142 of the general laws, entitled “Of wrongs to children,” is hereby amended so as to read as follows:

“Sec. 8. The state auditor shall draw his order

on the general treasurer, in favor of the treasurer of when and how said society, for such sums as shall be from time to

time appropriated by the general assembly to said society, to be paid in equal monthly installments."

SEC. 3. Section 27 of chapter 416 of the general laws, entitled “Of salaries and clerical assistance and of appropriations,” is hereby amended so as to read as follows:

“Sec. 27. The state auditor is hereby authorized Humane Edu- and directed to draw his order upon the general when and how treasurer in favor of the treasurer of said society for

said sum of twenty-five hundred dollars annually in equal monthly installments.”

SEC. 4. This act shall take effect from and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

Appropriations for R. I.

.

CHAPTER 432.

[2317]

AN ACT IN AMENDMENT OF SECTION 18 OF CHAPTER 241

OF THE GENERAL LAWS, ENTITLED OF THE RHODE
ISLAND STATE BOARD OF AGRICULTURE.”

H 617.
Approved
May 1, 1923.

[ocr errors]

Of the testing, losis, of cattle

It is enacted by the General Assembly as follows:

SECTION 1. Section 18 of chapter 241 of the general laws, entitled “Of the Rhode Island state board of agriculture,” is hereby amended so as to read a follows:

“Sec. 18. If after such examination the cattle for tubercucommissioner shall be of the opinion that the cattle imported into or any of the cattle so examined are afflicted with tuberculosis, he shall require of the importer that the suspected cattle be tested with tuberculin, said test to be applied by a veterinarian who is a graduate of a recognized veterinary college, who shall give to the said commissioner a certificate in writing that such test has been applied, together with a statement of the tuberculin used, the quantity injected, temperature of each animal before inoculation and at the eleventh and every two subsequent hours thereafter for at least ten hours, or until reaction is complete, and a duplicate thereof shall be given to the owner of said cattle, and the original certificate shall be sent by the said commissioner to the secretary of the state board of agriculture. If after such test it shall diseased cattle, be proved that such suspected cattle are afflicted with tuberculosis, such diseased cattle shall be immediately slaughtered upon written order of said commissioner, and the state shall not be required to compensate the owner for their loss, and the owner shall pay for testing such cattle, with tuberculin; but if such cattle shall be found free from tuberculosis

etc.

« PrejšnjaNaprej »