Chap. 511.—An ACT to provide for abating public nuisances and to repeal an
act approved March 5, 1888, in relation thereto.

Approved December 30, 1903.

1. Be it enacted by the general assembly of Virginia, That when com-
plaint is made to the circuit, corporation, or hustings court of any county.
city, or town of this State, by five or more citizens of any county,
city, or town, setting forth the existence of a public or common nuisance.
the court of such county, city, or town, or the judge thereof in vacation.
shall summon a special grand jury, in the mode now provided by law. t:
the next term of such court, to specially investigate the complaint made
as aforesaid.

2. If upon a full investigation of such complaint the grand jury is
satisfied that the nuisance complained of is of a public nature, it shal.
proceed to make presentment against such person or persons as they ma?
find have created or caused such nuisance: provided, however, that if any
such nuisance be upon premises the owner of which did not create or
cause such nuisance, but permitted its continuation, such owner shall, for
the purposes of this act, be deemed responsible for such nuisance, and i!
such owner be not a resident or citizen of this State, or one whose resi-
dence is not known, such presentment shall be against the premises upon
which such nuisance is.

3. Upon any such presentment the court shall order a copy thereof to
be served upon the person or persons presented, or whose property is pre
sented, in the manner prescribed by law as to the service of notices. To
any such proceeding, if it be in rem, any person interested, or for and ir
hehalf of the owner of such premises, may make defense.

4. Upon the trial of any such presentment the person or persons who
have created, caused, or permitted the continuation of such nuisance, if
found guilty, shall be fined, in the discretion of the jury, not more than
five thousand dollars; and upon such verdict the judgment of the court
shall be for the amount of fine imposed and the costs of such proceedang.
and also that such nuisance be forthwith removed and abated. Every

such judgment, whether the proceeding in which it is rendered be in per-
sonam or in rem, shall have the force and effect of a judgment rendered
in any other proceeding at law.

5. Be it further enacted, That an act approved March fifth, eighteen
hundred and cighty-eight, entitled “an act to provide for abating public
nuisances and for disposing of fines imposed therefor,” be, and the same
is hereby, repealed.

6. This act shall be in force on and after February first, nineteen hun-
dred and four.