by the court and not exceeding six months, he will cause it to be abated and removed, as either is directed by the court; and on failing to perform such condition, the recognizance shall be deemed forfeited, and the court, or any justice thereof, in term time or in vacation, or said justice on being satisfied of such default, may forthwith issue the warrant and scire-facias on the recognizance.8

15. The expense of abating a nuisance by virtue of a warrant shall be collected by the officer as damages and costs are collected on execution; except that the materials of any buildings, fences, or other things removed as a nuisance, may be first levied upon and sold by the officer, and the proceeds, if any remain after paying the expense of removal, shall be paid by the officer, on demand, to the defendant or the owner of such property; and if said proceeds are not sufficient to satisfy the expenses, the officer shall collect the residue as aforesaid. A person committed to jail on such warrant, may have the privilege of the oath for the relief of poor debtors, as if he had been committed on execution. If said expense cannot be collected of the defendant, it shall be paid as costs in criminal prosecutions.84

16. Any court of record, before which an indictment, complaint, or action for a nuisance is pending, may, in any county, issue an injunction to stay or prevent such nuisance, and make such orders and decrees for enforcing or dissolving it, as justice and equity require.35

(x) This section confers no additional powers on the court in cases where the bill does not charge the acts complained of as a nuisance.

(y) An injunction will not be granted under this statute to stay or prevent a nuisance, unless an indictment, complaint, or action for the nuisance be pending in court. 36a

STATIONARY ENGINES.

17. No stationary steam-engine shall be erected in a town, unless the municipal officers have previously granted license therefor, designating the place where the buildings therefor shall be erected, the materials and mode of construction, the size of the boiler and furnace, and such provisions as to height of chimneys or flue, and protection against fire and explosion, as they judge proper for the safety of the neighborhood. Such license is to be granted

33 R. S. c. 17, § 14.-34 R. S. c. 17, § 15.35 R. S. c. 17, § 16.-36 And. & K. R. R. Co. v. And. R. R. Co., 49 Me. 392.-36a Varney v. Pope, 60 Me. 192.

on written application, and recorded in the town records, and a certified copy of it furnished, without charge, to the person or persons applying for the license.

37

18. When application is made for such license, said officers shall assign a time and place for its consideration, and give public notice thereof at least fourteen days beforehand as they think proper, at the expense of the applicant, that all persons interested may be heard before granting a license.38

19. Any such engine erected without a license shall be deemed a common nuisance without any other proof than its use.39

20. Said officers shall have the same authority to abate and remove a steam-engine, erected without license, as is given to the health committee or health officer in chapter fourteen for the removal or discontinuance of the nuisances therein mentioned.40

21. No person or corporation shall manufacture, sell, use or cause to be used any steam-boiler in this State, unless it is provided with a fusible safety-plug, made of lead or some other equally fusible material, not less than one-half inch in diameter, which shall be placed in the roof of the fire-box, when a fire-box is used; and in all cases, shall be placed in the part of the boiler fully exposed to the action of the fire, and as near the top of the water-line as any part of the fire-surface thereof; and for this purpose it shall be lawful to use Ashcroft's "protected safety fusible plug."41

22. If any person, without just and proper cause, removes from the boiler the safety-plug, or substitutes any material more capable of resisting the action of the fire, or if any person or corporation uses or causes to be used, for six consecutive days, or manufactures, or sells a steam-boiler unprovided with such safety fusible plug, the offender shall be punished by a fine not exceeding one thousand dollars.42

BLASTING.

23. Persons engaged in blasting lime-rocks or other

37 R. S. c. 17. § 17.-38 R. S. c. 17, § 18.-39 R. S. c. 17, § 19.-40 R. S. c. 17, § 20.-41 R. S. c. 17, § 21.-42 R. S. c. 17, § 22.

rocks, before each explosion shall give seasonable notice thereof, so that all persons or teams approaching shall have time to retire to a safe distance from the place of said explosion; and no such explosion shall be made after sunset.4 43

24. Whoever violates the provisions of the preceding section, shall pay five dollars for each offense, in an action of debt to the use of the person suing therefor, and all damages caused by any explosion; and if the persons engaged in blasting rocks are unable, or after judgment and execution, avoid payment of the fine, damages, and costs, by the poor debtor's oath, the owners of the quarry, in whose employment they were, shall be liable for the same.44

WHARF IN TIDAL WATERS.

25. When the construction or extension of a wharf in tidal waters in any city is desired by the permission of the city authorities, they shall require the applicant to give fourteen days' notice thereof, by publication in two newspapers before acting upon it.45

RAILROAD CROSSINGS.

26. Railroads may cross highways in their line, the conditions and manner of crossing being first determined, in writing, by the county commissioners. No crossing of a street in a city, not a highway, is to be made without the written consent of the mayor and aldermen, stating the manner and conditions thereof, to be recorded in the records of the commissioners. Crossings not so made are. to be regarded as nuisances, and may be so treated, and the directors making them are personally liable.46

(z) An indictment founded on this section is fatally defective, unless it alleges substantially that the railroad crosses the highway in a manner not determined in writing by the county commissioners.47

DILAPIDATED BUILDINGS.

27. When the municipal officers of any town after personal notice in writing to the owner of any burnt, dilapidated, or dangerous building, or by publication in a

43 R. S. c. 17, § 23.-44 R. S. c. 17, § 24.-45 R. S. c. 17, § 25.-46 R. S. c. 51, § 13.-47 Maine v. P. S. & P. Railroad Co., 58 Me. 46.

newspaper in the same county, if any, three weeks successively, otherwise in the State paper, and after a hearing of the matter, shall adjudge the same to be a nuisance, or dangerous, they may make and record an order, prescribing what disposition shall be made thereof, and thereupon the town-clerk shall deliver a copy of such order to a constable, who shall serve such owner, if resident within the State, with an attested copy thereof, and make return of his doings thereon to said clerk forthwith. If the owner, or part-owner, is unknown, or resides without the State, such notice shall be given by publication in the State paper, or in a paper published in the county, three weeks successively. If no application is made to the supreme judicial court, or a justice thereof, as is hereafter provided, the municipal officers of such town shall cause said nuisance to be abated, removed, or altered in compliance with their order, and all expenses thereof shall be repaid to the town within thirty days after demand, or may be recovered of such person by an action for money paid.48

(a) No complaint is necessary, but it is competent for the mayor and aldermen to act upon their own previous observation and knowledge of the unsafe condition of the building.49

(b) If the notice ordered at the time of adjudication fails of service, a new notice may be ordered and served, without commencing proceedings anew.

49

28. Any owner aggrieved by any such order, may apply to the supreme judicial court, if in session in the county, or to any justice thereof, in vacation, for a jury, and such court or justice shall forthwith order a warrant for a jury to issue, to be impaneled by the sheriff as is provided by section ten of chapter 18, R. S. Such application shall be made within five days after such order is served on such owner, and the jury shall be impaneled ⚫ within seven days from the issuing of the warrant.

50

29. The jury may find a verdict, affirming or annulling the said order, or making alterations therein, which shall be returned forthwith to the justice issuing the warrant. He may accept or reject it and issue a new warrant. If the court is not in session the action shall be entered on the docket of the preceding term. Exceptions, if taken by either party, may be allowed, or execution may issue, as of that term, and if the verdict is finally accepted, the justice may issue the proper process for enforcing it.51

48 R. S. c. 17, § 26.-19 Swett v. Sprague, 55 Me. 190.50 R. S. c. 17, § 27.— 51 R. S. c. 17, § 28.

30. If the verdict affirms such order, costs shall be recovered by the town against the applicant. If it annuls such order in whole, costs shall be recovered by the applicant against such town, and in case it shall alter it in part, the court may render such judgments as to costs as justice requires.52

31. The four preceding sections shall not be in force in any town unless adopted at a legal meeting thereof.58

(c) FORMS OF COMPLAINT AGAINST NUISANCES. 1. For laying timber in the highway.

A. B., of, &c., on —, at -, with force and arms, in and upon the common highway, there leading from unto, divers large logs of timber unlawfully and injuriously did put and place, and the same logs, so as aforesaid put and placed in the highway aforesaid, from the day of, aforesaid, until the day of the exhibiting of this complaint, in and upon the highway aforesaid, to be, lie, and remain unlawfully and injuriously did suffer and permit, and still doth suffer and permit; to the great damage and common nuisance of all the citizens of said State having occasion to pass and repass, go and return in, upon, and along said highway.

2. Killing cattle, and leaving their blood and offal.

A. B., of, &c., on —, and on divers other days and times, between that day and the day of making this complaint, with force and arms, at —, in a certain house of him, the said A. B., situate and being near to a public street and common highway there, and near the dwelling-houses of divers citizens of this State, did unlawfully and injuriously kill and slay, and cause and procure to be killed and slain, divers oxen and other cattle; and the blood, excrement, offal, and other filth, from the said animals respectively coming and issuing, did then and there, on the said several days and times respectively, cause and permit to be and remain in the said house, and near to the same, for the space of, whereby divers noisome and unwholesome smells and stenches from the excrement, blood, and offal and filth, coming and issuing from the said animals, then and on the said other days and times respectively, there did arise, and the air thereby was greatly corrupted and infected; to the great damage and common nuisance of all the citizens of said State there inhabiting and dwelling, and also of all other citizens of the State, in, by, and through the said public street and common highway there going, passing, returning, repassing, and laboring.

52 R. S. c. 17, § 29.-53 R. S. c. 17, § 30.