1582 ARTICLE 43.

reference to the abatement of the same, and the person or persons by whom
the same shall be executed, and by whom and in what proportions the cost
of such abatement or work shall be paid, as to him may seem reasonable;
provided, that the said judge may suspend his final determination on con-
dition that the person, firm or corporation complained of shall undertake
to adopt within a reasonable time such means as the said judge may deem
practicable, and may order to be carried into effect for abating such nui-
sance, or for mitigating or preventing any effluvia prejudicial to health
which may arise therefrom.

An. Code, sec. 106. 1904, sec. 77. 1888, sec. 38. 1886, ch. 12, sec. 4.

105. Any person, firm or corporation not obeying an order made by any
one of the aforesaid judges, to comply with the requisitions of the state
board of health or otherwise, to abate the nuisance complained of, shall, if
all due diligence has not been used to carry out such order, be liable to a
penalty not exceeding ten dollars per day during his or their default; and
any person, firm or corporation knowingly or wilfully acting contrary to
an order of abatement or prohibition shall be liable to a penalty not exceed-
ing twenty dollars per day during such contrary action; and the person, cor-
poration or corporations not obeying or wilfully acting contrary to such
order of the judge shall be guilty of a misdemeanor; such offense in the city
of Baltimore shall be prosecuted by the arrest of the offender for such
offense, and by holding him to appear in or committing him for trial in the
criminal court of Baltimore, which court shall have jurisdiction in the said
cases to try and dispose of the same in the same manner as other criminal
cases may be tried or proceeded with or disposed of; or such offense may
be prosecuted by indictment in such court; such offense in any county of
this State shall be prosecuted by the arrest of the offender for such offense,
and by holding him to bail to appear in or committing him for trial in the
circuit court for the county in which such offense was committed, or by
indictment in the circuit court for the county in which such offense was
committed. If any person shall be adjudged guilty of any such offense by
the court having jurisdiction in the premises, he shall be sentenced to pay
the fine or penalty herein prescribed for such offense, and the costs of his
or their prosecution; and in default of payment thereof, he shall be com-
mitted to jail until thence discharged by due coarse of law.

An. Code, sec. 106A. 1917, ch. 36.

106. Whenever the State Board of Health, its officers or agents, upon
investigation, shall find that the contents from any surface privy, privy-pit,
water-closet, or cesspool overflows or leaks from said surface privy, privy-
pit, water-closet, or cesspool, or shall find any surface privy, privy-pit,
water-closet, or cesspool on any premises in this State, which is not fly-tight
and water-tight, and shall also find on said premises the disease of cholera,
typhoid or typhus fever, hookworm, dysentery or parasitic disease of the
bowels, then such premises, surface privy, privy-pit, water-closet or cesspool,
as the case may be, shall be deemed in a state of nuisance and liable to sum-
mary abatement by the State Board of Health.