790 HEALTH—NUISANCES. [ART. 43.

specified in such notice, or if the nuisance, although abated since
the service of the notice, is likely to recur on the same premises,
the State board of health may, through its proper officers, make
or cause a complaint relating to such nuisance, to be made to any
judge of the circuit court for the county in which such nuisance
shall exist, or to the judge of the circuit court of Baltimore city,
as the case may be; and such judge shall thereupon issue a sum-
mons, requiring the party or parties on whom the notice was
served, to appear before him, and if satisfied, after hearing said
party or parties, or ex parte, in case of the default of any of them,
to appear, that the alleged nuisance exists, or, although abated, is
likely to recur on the same premises, he shall make an order
on such person, firm or corporation, requiring him or them
to comply with any or all the requisitions of the notice, or
otherwise to abate the nuisance, within a time specified in the
order, or an order both requiring abatement and prohibiting the
recurrence of the nuisance, as far as practicable.

1886, ch. 12, sec 3.

37. Whenever the nuisance is created or maintained by more
than one person, firm or corporation, the said judge may make
such order with 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
condition 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 nuisance, or for mitigating or
preventing any effluvia prejudicial to health which may arise
therefrom.

Ibid. sec. 4.

38. 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 ;