made to. the property owner is ascertained, and in that proceeding the existence of the jurisdictional facts, namely, “ the necessity of such' destruction,” must be tried and-determined on the demand of the owner..
We have thus, when the action of the board is to be conclusive upon the rights of the owner, ample provision for notice and a judicial hearing before such action becomes final; and if the decision of the court is adverse to the board, the property owner is free from the operation of the second order, and, as w;e have seen, may disburden himself of the first by remedying whatever evils may justify its continuance.
As the power conferred upon the board is necessary for the pro- . tection of the public health, and must, therefore, be susceptible of immediate and untrammeled exercise, as the exigency of the case . may require, the statute is quite as considerate of private right as it. should be, and'fully meets the demand of justice. It is clearly constitutional, and the court will refrain from interfering with its operation except in cases where an abuse of authority is manifest.
Judgment is ordered for the defendant, dismissing the complaint, with costs.
Complaint dismissed, with costs.