Slaughterhouses, etc., not to be used without leave. 1871 1874 Penalty. P. S., 80, § 92. Acts of 1893, 106. * Whoever occupies or uses a building for carrying on therein the business of slaughtering cattle, sheep, or other animals, or for a melting or rendering establishment, or for other noxious or offensive trades and occupations, or permits or allows said trades or occupations to be carried on upon premises owned or occupied by him, without first obtaining the written consent and permission of the mayor and aldermen, and of the common council, if there is such a board, of the city, or selectmen of the town in which the building or premises are situated, shall forfeit a sum not exceeding two hundred dollars for every month he so occupies or uses such building or premises, and in like proportion for a longer or shorter time: provided, that this section shall not apply to any building or premises occupied or used for the trades or occupations before described on the eighth day of May in the year eighteen hundred and seventy-one; but no person occupying or using any building or premises on said date for the trades or occupations aforesaid shall enlarge or extend the same without first obtaining the written consent and permission of the mayor and aldermen, and of the common council, if there is such a board, or selectmen. The legislature in the exercise of its police power may prohibit the use of any building in cities or towns of a certain population for carrying on, without permission of the mayor and aldermen or selectmen, a trade necessary and lawful in itself, but which in its ordinary exercise may become a public nuisance. Watertown v. Mayo, 109 Mass. 318. Where a person before the passage of the Statute of 1871, chap. 167, used and occupied a building on his own land as a slaughter-house, and therein slaughtered cattle, sheep and other animals, as a business, and after the passage of the statute he continued the business of slaughtering in said building, when the same caught fire accidentally, and was consumed, and afterwards he immediately rebuilt said slaughter-house on the same See Cattle Commission Statute, on a later page, requiring consent of authorities to be obtained annually in the case of certain trades. Acts of 1894, 491, § 17, as amended by Acts of 1895, 496, § 3. site, and continued his business of slaughtering cattle, sheep and other animals therein, and it further appeared that the new building was different from the old one in its construction and arrangement, but was not larger or more extensive in size or capacity, the court held that the right to continue, without license, the same business in the building was not forfeited, and the building was within the exception stated in the section. Watertown v. Sawyer, 109 Mass. 320. The manifest purpose of the legislature is to protect the business already established, in the place where it is carried on, not the identical building which happened to be standing for its use when the law was enacted. Watertown v. Sawyer, 109 Mass. 320. A person was the owner of land and buildings used for a long period for a melting and rendering establishment and for the manufacture of soap in Somerville, a city containing more than four thousand inhabitants. In this rendering business he made use of two open kettles; but the building in which they were placed did not cover the entire lot of land. In the year 1872 he tore down a part of his buildings, which were old and dilapidated, and, without consent or permission from the mayor and aldermen of Somerville, erected a new building, standing partly on land covered by the old buildings and partly on land that had not been so covered. The new building covered about one-third as much space as the old buildings, and was two stories high with a French roof, while the old buildings were, for the most part, only one story in height. The owner's purpose was to place in that part of the new building formerly covered by the old one a covered kettle or tank for melting and rendering purposes, and to use the residue of the building for storage and other purposes connected with his business, and to tear down and discontinue the use of the old buildings and of the two open kettles. The capacity of the proposed new tank for rendering purposes would not exceed, and might not equal, that of the two open kettles. The old buildings were standing and in use, except so far as displaced by the new building. Upon these facts the court held that it did not appear that the defendant had enlarged the premises occupied by him for the business in question, or that he had increased or proposed to increase the business, and refused to issue an injunction restraining him from so enlarging and extending them. Somerville v. O'Neil, 114 Mass. 353. P. S., 80, § 93. may prohibit When any building or premises are so occupied or used, State board the state board of health shall, upon application made to offensive trades. it for that purpose, appoint a time and place for hearing 1871 the parties, and give due notice thereof to the party 1874 Penalty. Injunction to prevent offensive trades. 1871 Other remedies not impaired by preceding provisions. 1874 against whom the application is made, and after such notice and hearing may, if in its judgment the public health or the public comfort and convenience so require, order any person to desist and cease from further carrying on said trades or occupations in such building or premises; and any person thereafter continuing so to occupy or use such building or premises shall forfeit a sum not exceeding two hundred dollars for every month of such occupancy and use, and in like proportion for a longer or shorter time. Precisely the same power is given by sect. 84, chap. 80 of the Public Statutes, to the local boards of health, as by this section is given to the state board. The only difference is this, that the state board is bound to give notice to a party, and allow him a hearing, before it can pass an order of prohibition; but the local boards may pass an order of prohibition without any previous notice. Sawyer v. State Board of Health, 125 Mass. 191. The same right to appeal to a jury from an order of the state board exists as is provided for an appeal from an order of a local board under sect. 84. Sawyer v. State Board of Health, 125 Mass. 191. P. S., 80, § 94. The supreme judicial court in term time or vacation may issue an injunction to prevent the occupancy, use, enlargement, or extension of any building or premises occupied or used for the trades or occupations aforesaid, without the written consent and permission being first obtained; and also in like manner to enforce the orders of the state board issued under the preceding section. A bill in equity to restrain by injunction a person from occupying and using a building for carrying on the business of slaughtering cattle, sheep or other animals, without the written consent of the selectmen, is properly brought in the name of the inhabitants of the town. Watertown v. Mayo, 109 Mass. 315. See also Taunton v. Taylor, 116 Mass. 254. P. S., 80, § 95. The three preceding sections shall not be so construed as to impair any other remedies which may exist in cases of nuisance. SWINE-SLAUGHTERING ASSOCIATIONS. SWINE-SLAUGHTERING ASSOCIATIONS. P. S., 107, § 1. may be formed Three or more persons who associate themselves to- Corporations gether by such an agreement in writing as is described in for buying and slaughtering section sixteen of chapter one hundred and six of the swine, etc. Public Statutes, with a capital of not less than one hun- 1874 dred thousand nor more than five hundred thousand dollars, with the intention of forming a corporation for the purpose of buying and slaughtering swine and of melting and rendering and pork-packing, upon complying with the provisions of section twenty-one of said chapter shall be and remain a corporation, with all the powers, rights, and privileges, and subject to all the duties, limitations, and restrictions, contained in said chapter, except as hereinafter provided. P. S., 107, § 2. Acts of 1886, 101, § 4. May take land, with approval of state board of health; to file a description in registry of Such corporation may take and hold by purchase or otherwise such parcel of land, not exceeding one hundred acres in extent, and situated in such place as the state board of health may determine to be suitable for said deeds. business; and shall, within sixty days from the time of 1874 taking any land otherwise than by purchase, cause to be signed by its president and filed in the registry of deeds for the county or district wherein said lands lie a description thereof as certain as is required in a common conveyance of lands and a statement of the purpose for which the lands are taken; but no land shall be so taken without the approval in writing of the mayor and aldermen of the city or of the selectmen of the town in which it is situated. P. S., 107, § 3. damages. Such corporation shall be liable to pay all damages Liability for sustained by any persons in their property by the taking Trial by jury. of any land for the purposes of this chapter. A person 1874 sustaining damages as aforesaid, and not agreeing upon the sum to be paid therefor, may apply by petition for the assessment of his damages, at any time within one year from the taking of said land, to the superior court in the county in which said land is situate; such petition may be filed in the clerk's office of said court in vacation or in term time, and the clerk shall thereupon issue a summons to the corporation, returnable, if issued in vacation, to the then next term of the said court, held fourteen days at least after the issuing of said summons, and, if in term time, returnable on such day as the court shall order, to appear and answer to the said petition; the said summons shall be served fourteen days at least before the return day thereof by leaving a copy thereof with the clerk of the corporation, and upon the return of said summons, duly served, the said petition shall stand as a cause in said court; and upon said petition all questions of fact relating to the damages sustained by the petitioner shall be heard and determined, and the amount of such damages shall be assessed by a jury, unless the parties in writing waive their right to a jury, and agree that the same shall be determined by the court; and the verdict of said jury, being accepted and recorded by the court, or the award of the court if jury trial is waived, shall be final and conclusive, and judgment shall be rendered and execution issued thereon; and costs shall be recovered by the petitioner if the amount of said judgment exceeds the amount offered him for his damage before the filing of said petition, otherwise the corporation shall recover its costs. To build suitable buildings; regulations by state board. 1874 Penalty. P. S., 107, § 4. Such corporation shall proceed to build upon such land, suitable buildings for the slaughtering of swine and for melting and rendering, and all necessary stables and outbuildings. No such buildings shall be erected until the plans thereof, with all details of construction, have been submitted to and approved by said state board, or some person designated by it to examine them. The corporation shall carry on all its business in accordance with such regulations as said state board shall, from time to time, establish and furnish in writing to the clerk of the corporation; and for each violation of said regulations, it shall forfeit not less than twenty nor more than five hundred dollars. |