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21 A.D. 348

Citation
21 A.D. 348
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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ich was $110, and it was ordered that, upon the payment of that sum to the appellant, the health department should be entitled to enter upon the possession of the property condemned and to hold it for public use, and to destroy the rear tenement house described in the petition. From that final order this appeal is taken, and in the notice of appeal it is stated that the defendant will bring up for review the judgment entered upon the report of the referee, and all proceedings antecedent thereto.
Before considering the reasons given by the appellant why this order should be reversed, it is advisable to examine the statute to ascertain just wliat the object of the Legislature was, in passing.it, and the means they have adopted to attain that object. The statute is in that part --of the Consolidation Act which relates to the health department,''and contains the provisions with regard to tenement houses. As is well known, the condition of many buildings used for that purpose has been for years a menace to the public health, and grave questions have arisen as to the best manner in which the evils arising from their condition comd be remedied and the dangers to the public health averted. The condition of these houses arose not alone from the habits of the inmates, but principally and largely from the construction, plans and location of the buildings themselves. It was well understood that these evils were such as to. seriously threaten the health of the community and to render likely severe epidemics, with all the consequences which follow such a condition of affairs in a crowded community, and to meet that condition and to avert these perils careful inspection was required, and it might often be necessary to take summary measures to abate nuisances which, if permitted to exi