1224 HEALTH. [ART. 43

of the State's attorney of the county or town, in which such
offense is committed, to prosecute the offender.

Nuisances.

1888, art. 43, sec. 35. 1886, ch. 12, sec. 1.

74. Whenever any water-course, well, spring, open ditch,
gutter, cess-pool, drain, privy-pit, pig-pen or other place, or
any accumulation or deposit of offensive or noxious matters, or
any house, building, trades' establishment or manufacturing
place, is certified to the State board of health by any two legally
qualified medical practitioners, or any three or more persons,
affected thereby, to be in a state of nuisance dangerous to
health, the said board of health shall forthwith investigate the
matter, and if it shall be found that the nuisance complained of
is such as to injuriously affect any adjacent property or district,
or is calculated to endanger the health or life of any person, the
said board shall through its proper officer, serve a notice in
writing on the person, firm or corporation, by whose act, default
or sufferance the nuisance arises or continues; or if such person,
firm or corporation cannot be found, or the owner or occupier
of the premises on which the nuisance arises or exists, requiring
him or them to abate the same within a time to be specified in
the notice, and to execute such works and do such things as
may be necessary for that purpose.

Ibid. sec. 36. 1886, ch. 12, sec. 2.

76. If any person, firm or corporation, on whom a notice to
abate a nuisance has been served, refuses or neglects to com-
ply with any of the requirements thereof, within the time
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 or circuit court No. 2 of Baltimore city, as the case may
be; and such judge shall thereupon issue a summons 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