CHAP. 164. 462. Punishment for nuisances, on conviction. A of. 21 Pick. 34-4. same shall occasion injuries or annoyances of a kind not within the purview of the said chapter. And fences and buildings fronting on public ways, commons or land appropriated to public use, shall not be deemed nuisances, when they have been erected for the times, and shall be justified, as mentioned in the one hundredth section of the twenty fifth chapter. SECT. 7. Whoever shall be convicted, upon indictment, of erecting, causing or continuing a public or common nuisance, as batement there- described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, may be punished by a fine, not exceeding one hundred dollars; and the court, with or without such fine, may order such nuisance to be discontinued or abated, and may issue a warrant therefor, as hereafter provided. Action for damages, whether nuisance be public or pri vate. 1821, 24, § 4. Process for abatement of a nuisance. 1821, 24, § 8. 11 Pick. 452. SECT. 8. Any person, injured in his comfort, property, or the enjoyment of his estate, by any nuisance, as before described, or at common law as aforesaid, whether the same be a common and public nuisance, or a private nuisance, being one that is an injury to particular individuals only, may maintain, against the party guilty thereof, an action on the case for the recovery of the damages, which he has thereby sustained, unless it be otherwise specially provided by law. SECT. 9. When, upon indictment, complaint, or action, any person shall be adjudged guilty of a nuisance, the court, before whom such conviction shall be had, may, in addition to the fine imposed, if any, or to the judgment for damages and costs, for which a separate execution shall issue, order that the said nuisance be abated or removed, at the expense of the defendant; and, after inquiring into and estimating, as nearly as may be, the sum necessary to defray the expense of such abatement, the said court may issue a warrant therefor, substantially in the form following: L., ss. "STATE OF MAINE. To the sheriff of our county of L. or either of his deputies, Whereas, by the consideration of our and held at Greeting. court, begun (describing the court, and the term), " upon indictment," (or, "complaint," or, "action in favor of A. B.," as the case may be), "C. D. of &c., was adjudged guilty of erecting," ["causing," or, "continuing"] "a certain nuisance, being a building in said. -, and for," (or, "fence," or other thing, describing particularly the nuisance and the place), "which said nuisance was ordered by said court to be abated and removed: We therefore command you, forthwith, to cause said nuisance to be abated and removed: and also that you levy of the materials by you so removed, and of the goods, chattels and lands of the said C. D., a sum sufficient to defray the expense of removing and abating the same, not to exceed the sum of dollars," (the sum estimated by the court), "together with your lawful fees, and thirty three cents more for this writ. And, for want of such goods and estate to satisfy the sums aforesaid, we command you to take the body of the said C. D. and him commit unto our jail in W. in said county, and there detain till he pay the sums aforesaid, or be legally discharged. And make return of this warrant, with your J. S., Clerk." And, when the conviction shall be had upon an action before a justice of the peace, and no appeal being made, the said justice, after estimating, as aforesaid, the sum necessary to defray the expense of removing or abating the nuisance, may issue a like warrant, making corresponding alterations in the form thereof. СНАР. 164. continue the SECT. 10. Instead of issuing the said warrant, the court or jus- Warrant to be tice may order the same to be stayed, upon motion of the defend-stayed, if defendant give seant, and upon his entering into recognizance, in such sum and with curity to dissuch surety as the court or justice shall direct, in case of an indict- nuisance. ment, to the state, or, in case of a complaint or action, to the plaintiff, conditioned, either that the defendant will discontinue said nuisance, or that, within a time limited by the court, and not exceeding six months, he will cause the same to be abated and removed, as either shall be directed by the court: and, upon his default to perform the condition of the recognizance, the same shall be deemed forfeited, and the said court, or any justice thereof, in term time or in vacation, or said justice of the peace, upon being satisfied of such default, may order such warrant forthwith to issue, and scire facias to issue on said recognizance. SECT. 11. The expense of abating a nuisance, by virtue of a warrant, shall be collected by the officer in the same manner as damages and costs are collected on execution; except that the materials of any buildings, fences or other things, that shall be removed as a nuisance, may be first levied upon and sold by the officer, and, if any of the proceeds remain after satisfying the expense of removal, such balance shall be paid by the officer, on demand, to the defendant or the owner of the property levied upon; and, if said proceeds shall not be sufficient to satisfy said expenses, the officer shall collect the residue thereof, as before mentioned. Any person, committed to jail on such warrant, may be admitted to the privilege of the oath for the relief of poor debtors, in the same manner, as if he had been committed on execution. And, if said expense cannot be collected of the defendant, it shall be paid in the same manner, as costs in criminal prosecutions. Expenses of a batement to be defrayed from the materials, if sufficient, otherwise, as in other cases of execution. 1821, 24, § 2. Equity jurisdic tion of the supreme judicial tion may issue SECT. 12. The supreme judicial court may hear and determine, in equity, all matters concerning nuisances, in which there is not a plain, adequate and complete remedy at law; and may direct any court. Injuncfact to be determined by a jury, when they shall deem it necessary. from any court, And any court of record, before whom an indictment, complaint or where a suit for action for a nuisance may be pending, may, in any county, issue an pending. injunction to stay or prevent any such nuisance, and make such 21 Pick. 344, orders and decrees for enforcing or dissolving the same, as justice and equity may require. nuisance is СНАР. 165. Definition of a libel. Punishment. SECT. 1. Definition of a libel. 2. Punishment. CHAPTER 165. OF LIBEL. 3. What persons shall be responsible 4. In what cases the truth may be an SECT. 5. In what cases not a justification, unless malice be proved. 6. In other cases, the publication pre- 7. What constitutes a publication. SECTION 1. A libel shall be construed to be the malicious defamation of a person, made public by either any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath, or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse; or any malicious defamation, made public as aforesaid, designed to blacken and vilify the memory of one who is dead, and tending to scandalize or provoke his surviving relatives or friends. SECT. 2. Every person who makes, composes, dictates, writes 3 Pick. 304,379. or prints a libel, or who directs or procures the same to be done, or who wilfully publishes or circulates such libel, or in any way, knowingly and wilfully, aids or assists in making, publishing or circulating the same, shall be punished by imprisonment in the county jail, not more than one year, and by fine, not exceeding one thousand dollars. What persons sible for libels less on nega tive proof. SECT. 3. Every person, who manages or controls the business shall be respon of any printing office, book store or shop, whether for himself or as printed or pub- agent for another, and every proprietor, editor, printer and publisher lished in their offices, newsof any newspaper, pamphlet, book or other publication, shall be papers, &c. un- responsible for any libel printed or published in any such office, book store or shop, which he manages or controls, as aforesaid, or in any newspaper, pamphlet, book or other publication, of which he is, in whole or in part, proprietor, editor, printer or publisher; unless he can prove, on trial, that such libel was so printed and published without his knowledge, consent or suspicion, and that by his using reasonable care and diligence, it was not in his power to have prevented the printing and publication of the same, as aforesaid. In what cases tification. SECT. 4. In prosecutions for any publication respecting the the truth may be official conduct of men in public capacity, or the qualifications of an absolute jus- those who are candidates for the suffrages of the people, or where Const. art.1.64. the matter published is proper for public information, the truth thereof may be given in evidence; and, if established, it shall be held a complete justification. 15 Pick. 321, 337. In what cases, unless malice be proved. 1833, 73. SECT. 5. In the trial of any criminal prosecution for writing or a justification, publishing a libel, other than as mentioned in the preceding section, the defendant may give in evidence the truth of the matter charged as libelous; and, the truth of such matter being established, the same shall be held a complete defence and justification, unless it shall be made to appear, that the publication thereof originated from corrupt and malicious motives. In other cases, the publication SECT. 6. If the publication of an alleged libel shall not be justi fied in any manner, as mentioned in the two preceding sections, the CHAP. 165. same shall be deemed to have been malicious, unless the contrary presumed to be shall be fully and clearly proved. malicious. tion. SECT. 7. No printing, writing or other thing shall be held to what constibe a libel, unless there shall have been a publication thereof; and tutes a publicathe delivery or selling, or reading or otherwise communicating a libel, or causing the same to be delivered, sold, read or otherwise communicated to one or more persons, or to the party libeled, shall be deemed a publication thereof. SECT. 8. In all indictments for libels, the jury, after having Jury to deter received the direction of the court, shall have a right to determine, mine the law at their discretion, the law and the fact. and fact. CHAPTER 166. CRIMES AND OFFENCES WITHIN THE JURISDICTION OF DIFFERENT COURTS. SECT. 1. Criminal jurisdiction of the su- SECT. 4. Offences committed on or near the preme judicial court. 2. Criminal jurisdiction of the district courts. 3. Criminal jurisdiction of justices of .boundary between two counties. 5. Death in one county from an injury 6. Death within the state from an in- 7. Acquittal of part of an indictment, years, Criminal juris diction of the and of supreme judi SECTION 1. The supreme judicial court shall have exclusive jurisdiction of all crimes punishable with death, or by imprisonment in the state prison for life, or for an unlimited term of the crimes of misprision of treason, manslaughter, and duelling as described in the sixth, seventh, ninth, tenth, and eleventh sections of the one hundred and fifty fourth chapter, felonious maims and assaults, the crime against nature, adultery, incest, polygamy, the offences of burning buildings, described in the fourth and fifth sections, of the one hundred and fifty fifth chapter, of the offences of forging and counterfeiting, described in the first, second, twelfth, thirteenth, fourteenth, fifteenth and twentieth sections of the one hundred and fifty seventh chapter, and of the offences against public justice, which are severally described in the first ten sections, of the one hundred and fifty eighth chapter. SECT. 2. The district court shall have exclusive original jurisdiction of all crimes, offences and misdemeanors, with the exception of those mentioned in the preceding section, and of those of which justices of the peace, police and municipal courts, have, by law, original jurisdiction, exclusive, or concurrent with the district court; the said jurisdiction of the district court shall be final, except, that an appeal shall be allowed from the opinion, direction or judgment of said court in matter of law, upon exceptions being filed, as is provided in the ninety seventh chapter. cial court. 1823, 233. Criminal jurisdistrict courts. 1823, 233. 1836, 196, § 1. 1839, 373, § 1, 5. diction of the SECT. 3. Justices of the peace, police and municipal courts, Criminal juris and of munici pal and police Const. art. 1, §6. courts. CHAP. 166. shall have original jurisdiction, exclusive, or concurrent with the diction of justi- district court, of such crimes, offences and misdemeanors, as is or ces of the peace, shall be prescribed by law; and every person aggrieved by a judg ment or decision of any justice of the peace, police or municipal court, in any prosecution pending before them respectively, may appeal therefrom to the district court, as mentioned in the one hundred and seventieth chapter, unless it is otherwise provided by law. SECT. 4. Any offence committed on the boundary between any near the bound- two counties, or within one hundred rods of the same, may be alleged in the indictment or complaint to have been committed, and may be prosecuted and punished, in either county. Offences committed on or ary between two counties. Death in one county from an injury in anoth er. 1821, 59, § 40. 2 Pick. 550. Death within the state, from an injury inflicted without. 1821, 59, § 41. Acquittal of SECT. 5. If any mortal wound, or other violence or injury shall be inflicted, or any poison administered, in one county, by means whereof death shall ensue in another county, the offence may be prosecuted and punished in either county. SECT. 6. If any mortal wound, or other violence or injury shall be inflicted, or poison administered on the high seas, or on land without the jurisdiction of this state, by means of which death shall ensue within this state, such offence may be prosecuted and punished in the county, where such death shall happen. may SECT. 7. When any person, indicted for any felony or other offence, shall, by the verdict of the jury on trial, be acquitted of a part of the offence, and found guilty of the residue thereof, such verdict be received and recorded by the court; and, thereupon, such person may be convicted of the offence, if any, which may appear to said court to be substantially charged by the residue of such indictment, of which he has thus been found guilty, and shall be sentenced and punished accordingly, although the offence of which he is thus convicted is not within the jurisdiction of said court, by the previous provisions of this chapter. CHAPTER 167. GENERAL PROVISIONS RELATING TO CRIMES AND PUNISHMENTS. SECT. 1. Legal conviction to precede pun- SECT. 8. Explanation of the term, "owner," ishment. 2. Of the term, "felony," as used in 3. Accessories before the fact, liable 4. Liable to conviction either with 5. May be tried, either in the coun- 6. Accessories after the fact. 7. May be tried without conviction as used in indictments. 9. General allegation of intent to defraud, sufficient. 10. Attempt, with an overt act, to commit a crime, punishable. 11. Of imprisonment for a term less than one year. 12. Aggravation of punishment on a second conviction, whether the former was in this state or not. 13. Fines and forfeitures to accrue to the state, unless otherwise appropriated. 14. How to be recovered. 15. Limitation of prosecutions; with certain exceptions. |