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Appropriation

of penalty.

selling un

visions.

Conviction in
C. C. C. Pleas.

S. J. Court or

of a notoriously dissolute, infamous, and abandoned life and character, knowing him or her to be such, shall, for every such offence, forfeit the sum of four hundred dollars, one half thereof to the use of the State, and the other half to the use of any person, being a citizen of, and residing in this State, who shall prosecute and sue for the same by action of debt as aforesaid. [Approved February 24, 1821.]

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CHAPTER XXIII.

An Act against selling unwholesome Provisions.

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall sell any Punishment for diseased, corrupted, contagious, or unwholesome provisions, wholesome pro- whether for meat or drink, knowing the same, without making it known to the buyer, and being thereof convicted before the Circuit Court of Common Pleas, in the County where such offence shall be committed, or the Justices of the Supreme Judicial Court, he shall be punished by fine, imprisonment, or by solitary imprisonment for a term not exceeding three months, and confinement to hard labor for a term not exceeding five years, and binding to the good behaviour, or one or more of these punishments, to be inflicted according to the degree and aggravation of the offence, if such conviction be had in the Supreme Judicial Court; and if such conviction be had before the Circuit Court of Common Pleas, shall be punished by fine not exceeding one hundred dollars, and binding to good behaviour.

two Justices

ces for slaugh

[Approved February 20, 1821.]

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CHAPTER XXIV.

An Act for the Prevention and Removal of Nuisances.

SEC. 1. BE it enacted by the Senate and House of Represent

atives, in Legislature assembled, That the Selectmen of every Selectmen,with town in this Stats, where the Selectmen thereof, together with may assign pla- any two Justices of the Peace in the same County, shall judge ter houses, dis- such regulation to be necessary, shall from time to time, as tilleries, &c. occasion shall be, assign some certain places for the exercising of any of the trades or employments of killing creatures for meat, distilling of spirits, trying of tallow or oil, currying of leather, and making earthern ware, and forbid and restrain the exercise of either of them in other places not so approved and allowed; and all assignments of such houses or places by Selectmen, with the assent of two or more Justices, for ments to be en- the exercise of any of the occupations aforesaid, shall be book and notice entered in the town book where such Selectmen respectively thereof posted. belong; and also made known by having notifications thereof posted up in some public places in the same town.

Such assign

tered on town

rying on any

except in plac

ery and appro

penalty.

SEC. 2. Be it further enacted, That if any distiller, tallow Penalty for earshandler, manufacturer of oil, currier, butcher, or potter, such business shall make use of any house or place, other than such as are es so assigned. or may be assigned and permitted, in consequence of this Act, for the exercise of the employments aforesaid, or any of them, the person so offending shall forfeit and pay a fine of twenty Mode of recov. dollars, one half thereof for the use of this State, and the pristion of the other half part for the use of him or them that shall prosecute and sue therefor, by action of debt, in the Circuit Court of Common Pleas; and if convicted on the presentment of a Grand Jury in said Court, or Supreme Judicial Court, the whole penalty shall enure to the use of the State; and in offender to reeither case the offender shall also enter into recognizance, in cognize not to such sum as the same Court shall order, not to improve such business, &c. building for either of the said purposes, for the term of three or be commit years then next; and in default of entering into such recog nizance, to be committed to the common gaol; or such build- or the building may be taken down by the order of the same Court, as taken down as being a common nuisance; and the materials, or such part materials of them as may be necessary, sold at public auction, to de- sold." fray the expense and charges; and in case the materials shall be insufficient, the residue of the charges to be levied by distress and sale of the offender's goods and chattels.

pursue the

for three years,

ted

ings may be

a nuisance, and

When any

as aforesaid be

comes a nui

be suppressed

Com. Pleas.

SEC. 3. Be it further enacted, That when any house, assigned for the exercising of either of the aforesaid trades or house, assigned employments, becomes a nuisance by reason of offensive and ill stenches proceeding from the same, or becomes otherways sance, it may hurtful or dangerous to the neighborhood or travellers, it shall by the C. C. and may be lawful to and for the Circuit Court of Common Pleas within the County, to cause inquiry to be made thereinto by a Jury, and to suppress such nuisance by prohibiting, and restraining the further use thereof for the exercise of either of the aforesaid trades or employments, under a fine not exceeding ten dollars a month, to the use of the poor of the town; or by causing such nuisance to be removed or prevented, as the Justices of said Court, in their discretion, shall think expedient and necessary. And it shall also be lawful for any person or persons, who may be aggrieved by reason of such offensive and ill stenches, to give notice there- such nuisance of to the proprietor or occupant of such house so deemed owner or occuto be a nuisance; and if the proprietor or occupant shall not trial found to forthwith remove the same nuisance, and if upon trial as here- be a nuisanceinafter provided, the same shall be considered and deemed a dollars per nuisance, the owner, proprietor, or occupant of such house, removed. shall forfeit and pay the sum of twenty dollars, for each and every month which the said nuisance shall continue, after such notice as aforesaid; to be recovered by action of the case, by any person who shall first sue for the same; and in such action it shall be lawful for the defendant to tender the general issue, and give any special matter in evidence: And,

Persons ag

grieved by

may notify

pant, and if on

penalty of 20

month, if not

may recover

dainages.

if, upon such trial, it shall appear to the Jury, who shall try the same cause, that the said house so complained of, is not a nuisance, it shall be their duty to acquit the defendant, and he shall be entitled to his costs.

SEC. 4. Be it further enacted, That any person or persons, Persons injured who may be injured by any such nuisance, either in his comfort or the enjoyment of his estate, may have and maintain his special action on the case, for the injury and damage which he or they may sustain, by reason of such nuisance; in which action it shall and may be lawful for the defendant to plead the general issue, and give any special matter in evidence. SEC. 5. Be it further enacted, That all fences or buildings. and erected on lands now used and improved as public landing places, or such as may be hereafter laid out and appropriated to that use, without lawful permission therefor, shall be esteemed nuisances, and may be abated as such. And whereas the laws now in force are inadequate to so speedy a removal of nuisances as the exigencies of the public may require: Therefore,

Fences on public landing places to be

considered nuisabces.

Two Justices,

may inquire by nuisances,

set up

SEC. 6. Be it enacted, That any two Justices of the Peace, quorum unus, quorum unus, shall be, and they hereby are authorized to inJury into all quire, by a Jury, as is hereinafter directed, into all nuisances erected, or which may hereafter be erected by any person or persons; and if it be found, upon such inquiry, that a nuisand cause them ance shall have been erected, created, or continued by any person or persons, then, that such Justices shall cause the same to be abated and removed.

to be abated.

Complaint in

made to such Justices,

their warrant

to Sheriff to empaunel a Jury.

SEC. 7. Be it further enacted, That any person or persons writing to be may make out his or their complaint in writing, directed to any two Justices of the Peace, quorum unus, of any existing nuisance; and they shall as soon as such complaint is exhib who may issue ited to them, make out their warrant, under their hands and seals, directed to the Sheriff of the same County, commanding him, in behalf of the State, to cause to come before them, twelve good and lawful men of the same County, who shall be drawn in equal proportion out of the Jury Box, by the Selectmen of the three towns next adjoining to the town in which such nuisance may be, at a meeting of such Selectmen, to be holden forthwith for that purpose, upon the requisition of such Sheriff, and they shall be empowered to inquire into the nuisance complained of, which warrant shall be in the form following, viz: [Form of Warrant.]

Form of the warrant.

[SEAL.] H—ss. To the Sheriff of the County of

Greeting. Whereas complaint is made to us, the subscribers, two of the Justices of the Peace, within and for the County of

-, quorum unus, by

of

same County, that

of

at

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-

of

upon the

in the

day

with force and arms, did unlawfully

erect or cause to exist, a nuisance of the following descrip

tion, viz: [here particularly describe the nuisance ;] and the
same nuisance unlawfully and unjustly, and with like force
and arms, doth still keep up and continue. You are, there-
fore, in behalf of the State, commanded to cause to come be-
fore us, upon the -
day of
—, at ——, in the
same County, twelve good and lawful men of your County,
each one of whom having freehold of the yearly value of
ten dollars, to be empannelled and sworn to inquire into the
nuisance afore described. Given under our hands and seals,
in the year of our Lord

this

day of

R. S. Justices of the Peace,

N. O.

quorum unus.

And the said Justices shall make out their summons to the Person com

party complained against, in the form following:

[Form of the Summons.]

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We command you, that you summon

plained of to be notified.

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appear before the subscribers, two of our Justices of the Peace, within and for our said County of

at a place called

o'clock in the

the complaint of

in D

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-, quorum unus,
in the said County, at

-noon; then and there to answer to
to them exhibited; wherein it is

stated that [here recite the complaint;] and you are to make
a return of this writ, with your doings therein, unto our said

Justices, upon or before the said

Witness our said Justices, the

year of our Lord

day of

day of

in the

R. S.

N. O.

vice.

ceedings.

Which summons shall be served upon the party com- Mode of s?rplained against, by reading the same in his hearing, or by a copy thereof, left at his usual place of abode, fourteen days exclusively, before the day of trial; and if the party shall Justices Pronot appear to defend, the Justices shall proceed to the inquiry in the same manner as if he were present; and when the Jury shall appear, the Justices shall lay before them the exhibited complaint, and shall administer the following oath, viz: [Foreman's oath.] You, as Foreman of this Jury do Foreman's solemnly swear, that you will well and truly try whether the complaint of now laid before you, be true, according to your evidence. So help you God. The other Jurors' oath. The same oath which your Foreman hath taken, on The other Ju. part, you and each of you shall well and truly observe rors' Oath. and keep. So help you God. And if the Jury shall find

his

the complaint to be true, then they shall return their verdict

Oath.

Verdict.

in the form following: [Form of the Verdict.] At a Court Form of the of inquiry, held before R. S. and N. O. Esquires, two of the Justices of the Peace within and for the said County of

Form of Writ of removal.

-, quorum unus, at D-
-, upon the

our Lord

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day of

in the said County of

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in the year of

the Jury upon their oaths do find, that

is a nuisance, and that the same, on or before the with force and arms, unjustly

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at

day of and unlawfully was erected, or caused to exist, by of ; and that the said with like force and arms, unjustly and unlawfully, still continues and keeps up the same nuisance. Wherefore the Jury find, upon their oaths aforesaid, that the said nuisance ought to be abated and removed without delay. And if by accident or challenge, there shall happen not to be a full Jury, the Sheriff shall fill the panel, de talibus circumstantibus as in other causes. And if the Jury, after a full hearing of the cause, shall find the complaint laid before them supported by evidence, they shall all sign their verdict, in form aforesaid; otherwise the defendant shall be allowed his legal costs, and have his execution therefor, under the hands and seals of said Justices.

SEC. 8. Be it further enacted, That if the Jury shall return their verdict, signed by the whole panel, that the complaint is supported, the Justices shall enter up judgment for the complainant to have the nuisance abated and removed, and shall award their writ accordingly in form following: [Form of the Writ of Removal.]

State of Maine.

H-ss. To the Sheriff of our County of either of his Deputies,

or to

Greeting:

in our County of

Whereas, at a Court of Inquiry for abatement and removal

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of the Peace for our said County of

in the year of our Lord Esqrs. two Justices

-, quorum unus, the Jurors empannelled and sworn by our said Justices, did return their verdict in writing, signed by each of them, that the aforesaid, [described as follows, as in the verdict] is a nuisance; and that the same, on or before the day of with force and arms, and unjustly and unlawfully was erected and caused to exist, by of; and that the said

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at

with like force and arms, unjustly and unlawfully still continues and keeps up the same nuisance; Whereupon it was considered by our said Justices, that the said nuisance be abated and removed: We therefore command you, that, taking with you the force of the County, if necessary, you cause the said nuisance forthwith to be abated and removed; and also that you levy of the goods, chattels or lands of the the sum of -, being costs taxed against him in the trial aforesaid, together with , being the sum estimated by the said Justices as necessary costs, which will arise in the abatement and removal of said nuisance, together with thirtythree cents more for this writ, and also your own lawful fees.

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