Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-12-11

ses, or any lots or land or grounds, in said Dis
ulet, as being, by reason Of decay or defective
structure, want of drainage, sewerage or ven
or othar or . .. tne Sns,n1s herein carried on,
DANGEROUS 70 lie or prejudIcial to the public
health, and shall be OF the opinion that any said
Ssuse OF peru cannot be successfully or proper
~ removed or sbated by any order or pro seed
ing which said Board Is authorized to make or
take as aforesaid 1t shall be the duty the said
Board 20 bring such facts, by written s.ste-
ment, to the attention of the said Regents, to-
gether with plan or suggestions as 20 the best
method OF relief from such peril; and, unless
such Regents shall zee good reason TO the con-
trsry, II shall be the duty of said Regents to
cause suit in the nature OF bill in equity %
be Instituted in said court, in the name of SAID
Ilstrict, against the proper persons as herein in
Dictated; sndkaid Regents may on their own mo
ton. likewise institute such suit in any case of
pubic nuisance, for the purpose of procuring
adequate relief aInst said peril, or the abate.
ment OF such nuisance; and said court is author
lze1 70 adopt any appropriate rules for the re
nlation OF s1ch suits, and shall proceed therein
WIN dispatch, but said Regents may disc0n.
tinUe such suit, when, in their opinion, the pub
lie Interest will thereby be promoted. The sew
erai persons and bodies whose rights or interests
may be directly or materially affected by such
SUIT or so many OF them as can be convene atty
round Ter service in said District shall be
Inade deiendsnts. When any Of them may
not De found for personal service, such service
may be made by publication, in not more than
TWO journals OF the District, or 6v posting a
notice or summons on some part of thu premises
or property affected, OF by sending the summons
through the mail; AMI when possible, without
serious injustice, the suit shalt proceed with
only such defendants before the court as nav
have been personally served or shall a pear.
Such preliminary order may be male in tue IA
tnTe OF an Injunction, as TO the court mav seem
DeedtUi TO avert such peril. The court m Az
refer any matter or question of fact arising n
such case 10 airy CON petent person, as a master
or referee, 10 take testimony or 70 make inyest-
cations, ana to make report % the court; and
whenever, upon the basis Of such report. or OF
the testimony taken on trial hal before the
court, or both, the case Is ready for determine
ton. the court shall make such general decree
o. order, or such special decree or order against
one or more OF the defendants, or both. as JUS
uCe and the due protection OF life aud the pub
nc health may require. And among other
IhbgS, suCh decree or order NAV req tre the
demOhhOnI the Strengthening, the ventilation,
the puTlheatiOn, drainage, or discoBtlnuance or
improvements Of anything IN this section referred
10 as source of peril, may provide when, in
what manner, by whom, said decree or order, or
any part thereof, shall be executed, and by
whom, and in what proportion, the expense
Thereon shall be borne and paid, aud
for making such expense, or the proper proper
ton Of the same, lien upon said property, or
parts of the same. and charge against any or
all IN proper proportion of the defend ants, and
fer the collection and discharge of the sama:
and 1t may also provide, where Justice requires
1t, that PORTION, not exceeding One-third Of
such expense, shall be sstis6 by the plaintiff
whenever appropriations viii warrant, bat neI-
Their party shall recover costs.
Sec. 90 That the liens on real property. pro-
claim on which they arise has bee n merged in A
judgment OF court for the same, in which case
such judgment will be lien as any other iudg.
ment,) may be flied and enforced as mechanics'
lien may be under existing laws. The Board OF
Health shall, within twenty days after the lien
arose, or the claim, which IL secures, become
complete in law, cause the proper notice 20 be
filed, which notice shall state the amount ana
generally, the origin of the lien claimed, s-i
the lots, buildings, lands. and premises -espcc-
lively upon which il Is claimed TO be ZEN and
the supposed owners or OCCupieTs of the sam,
II known, and that the District OF ColumS:5
claims such lien thereon. The lien created ~
the filing of such notice shall remain for the
period OF two years thereafter. All existing
provisions for sustain ng a mechanics lien, end
providing for its collection, sh all apply b. anal
ogy in support OF the lien hereby provided; the
same to be collected by said District, and the
amount to be paid into the Treasury OF the
United States.
SEC. 81. That no member of the Board of
Health snail, for anything done in discharge of
duty, nor shall any subordinate of said Board
for anything done in good faith and with ordi-
nary discretion upon the direction of said
Board, be liable to suit or damage; but any
person whose rights or property msy have been
urjustly or Illegally used, destroyed, or injured
by any action of said Board or its subOrdinates
under its order, and fIr which no liability NAV
exist on the part Of any said officer or person
acting un0er said Board, may maintain a proper
action in the Supreme Court OF SAID District
against said District for the recovery of com
pensstiOn or damage. Butevery such suit INST
be Instituted within one year after the cause Of
action arose, and the recovery ST all be confined
to pecuniary damages then actually suffered.
ITO