Commonwealth v. Young
Massachusetts Supreme Judicial Court
Complaint to the Police Court, of Chelsea, charging the defendant with the violation, on August 16, 1882, of an order or regulation made by the board of health of the town of Revere, adopted on October 11, 1881, as follows: “ Reg. 5. No swine shall be kept in any place in this town, on and after November 11, 1881, without a permit first being obtained from the board of health in writing.
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Complaint to the Police Court, of Chelsea, charging the defendant with the violation, on August 16, 1882, of an order or regulation made by the board of health of the town of Revere, adopted on October 11, 1881, as follows: “ Reg. 5. No swine shall be kept in any place in this town, on and after November 11, 1881, without a permit first being obtained from the board of health in writing. Said permit may be revoked at any time where said keeping of swine shall appear to the board to be prejudicial to the public health, comfort or safety.” Trial in the Superior Court, on appeal, before Mason,…
1Opinion of the CourtColburn, J.
We are of opinion that the keeping by the defendant of one hundred and fifty swine in Revere, and feeding them upon offal brought from Boston, was an “employment” within the meaning of the Gen. Sts. c. 26, § 52.* The board of health had authority under that section of the statute, if it deemed such employment a nuisance, to prohibit its exercise within the limits of the town, and it had no such authority under any other statute.
Whether the board of health was authorized, in a single order, to forbid the keeping of a single swine, and also the employment of keeping swine, we do not find it…
2Cases cited2 opinions
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Sawyer v. State Board of HealthMassachusetts Supreme Judicial Court · 1878
3Cited by8 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Inhabitants of Quincy v. KennardMassachusetts Supreme Judicial Court · 1890
- Tracht v. County Commissioners of WorcesterMassachusetts Supreme Judicial Court · 1945
- Inhabitants of Belmont v. New England Brick Co.Massachusetts Supreme Judicial Court · 1906
- Board of Health of Franklin v. HassMassachusetts Supreme Judicial Court · 1961
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