Chap. 489.—An ACT to provide for abating public nuisances, and for
disposing of fines imposed therefor.

Approved March 5, 1888.

1. Be it enacted by the general assembly of Virginia, That
upon complaint made to the county, 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, inthe mode now provided by
law, to 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 shall proceed to make presentment against such
person or persons as they may 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 if such owner be not a resident or citizen
of this state, or one whose residence is not known, such pre-
sentment shall be against the premises upon which such nui-
sance is.

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

4. Upon the trial of any such presentment, the person or
persons who have created, caused, or permitted the continu-
ation 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 proceed-
ing, and also, that such nuisance be forthwith removed and
abated. Every such judgment, whether the proceeding in
which it is rendered be in personam or in rem, shall have the
force and effect of a judgment rendered in any other proceed-
ing at law.

5. All fines imposed under this act shall be applied by the
court in which such proceeding is had—first, to the cost of
removing or abating such nuisance, if necessary; and second,
to the payment of such special damage as the jury may find
has been sustained by any person or persons by reason of
such nuisance, in such proportions as the jury shall fix; but
if the jury find that no special damage has been sustained
by any one by reason of such nuisance, such fine shall pass
to the commonwealth as in other cases.

6. All prosecutions under this act shall be made by the
attorney for the commonwealth for such county, city, or
town, and for such service a fee of ten dollars shall be taxed
in the cost of such proceeding: provided, that other counsel
may be associated with the attorney for the commonwealth,
if any person interested so desires.

7. This act shall be in force from its passage.