State v. Board of Health
Supreme Court of New Jersey
'On certiorari. The return to the writ of certiorari in this cause brings up-the following resolutions: “Resolved, That the Doughty Health Association be granted' a permit from this Board of Health to carry on their business-of purifying night soil, being the faecal and effete matter from-the cesspools and privies in the city of Newark, upon the following terms and conditions, to wit: “ 1. The place to be used by the said Doughty Health Association shall be designated and…
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'On certiorari. The return to the writ of certiorari in this cause brings up-the following resolutions: “Resolved, That the Doughty Health Association be granted' a permit from this Board of Health to carry on their business-of purifying night soil, being the faecal and effete matter from-the cesspools and privies in the city of Newark, upon the following terms and conditions, to wit: “ 1. The place to be used by the said Doughty Health Association shall be designated and approved by this board. “ 2. That the said Doughty Health Association shall pay as a license fee to the Treasurer of the…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The board of health of the city of Newark has authority, by ordinance, to regulate the cleansing of cesspools and privies and to control the disposition of the contents. Pamph. L. 1887, p. 80, § 12, ¶¶ V., VII., and the added paragraph I.
The power thus granted has been exercised by the board of health of the city of Newark by the passage of an ordinance in the form of a code, pursuant to section 16 of the act above cited. In sections 32 to 46 of this code the board declares and defines the manner in which cesspools may be cleaned and…
2Cases cited1 opinion
- Mayor of Jersey City v. StateSupreme Court of New Jersey · 1891
3Cited by5 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Young v. BD. OF HEALTH, BOR. OF SOMERVILLESupreme Court of New Jersey · 1972
- Benton v. City of ElizabethSupreme Court of New Jersey · 1898
- Outwater v. Mayor of CarlstadtSupreme Court of New Jersey · 1901
- Beady v. City of BayonneSupreme Court of New Jersey · 1894