National Republican., 1876-01-07
The POLICE COURT BUILDING.
Decision of Judge sntll-Ihs Building Nuis-

UtciElen OF JuCEe enell-ihe bul!Glng NuAs-
arce.
In the Police Court yesterday, before the be.
ginning Of the routine business, Judge Smell
made decision il the case of the Board Of Health
against Mrs. kimmell, proprietor of the Police
Court building, who was charged with maintain
ing a nuisance. injurious to health, by suffering
this building to remain in dilapidated condition.
The decision sets forth the fact OF the case as fo
lows: The United States vs. htmmell-This was
an information charging nuisance Injurious to
health, and at common law. 1t consists, as
CHARGED, 'Oi a brick house and premises occupied
as Police Court, the house having leaky roof,
damp walls, without proper ventilation, with
stagD2nt water in the basement and wells, with
insufficient water supply and drain pipe for the
water closets and the urnals with defective drain
age thereby rendering the building unfit for
human habitatioD ito the great damage and COM
mon nuisance OF all the good citizens Of the United
to show that the premises in question are
entirely unsuitable for the purposes to which
they are devoted; and from their bad ventilation,
Ieaky roof and other causes arising out OF the un-
sufta BILE character OF the building to the uses to
which it is applied, they have become and are
nuisance-both Injurious TO health and q common
nusance-and that this condition had existed for
months prior to :he filing this Information. 1t ap
iendant the 2lst Of June 1870, for their present
uses, for period OF five years. at annual rent OF
twelve hundred dollars: that the tenants were to
make all ordinary repairs destruction by fire ex-
cepted; that there had been no contract between
the parties since the expiration OF the term, June
n lsTj that since that time the tenancy had been
subject to the provisions OF the statute OF 1854,
relating to tenants at will and sufrance, and
might have been terminated by thirty days notice
to the tenants to quit. 1t also appeared that the
premises had been inspected by the Board Of
Health. and upon the report of an inspector de-
clared to be in such a sanitary condition as to
constitute a nuisance injurious to health; that
prior to the commencement Of this proceeding the
defendant had been duly notified OF the action of
the Board Of Health, and Of the condition OF the
premises and had been ordered to abate the nui-
sances complained OF. II did not appear that
there had been any compliance with such notice,
or any abatement OF the nuisances other than
some repairs upon the roof. 1t appeared that
since the said notice to abate the nuisance the de-
fendant had collected rent for the months OF Oc-
tUber and November, and had regularly received
the rent monthly since June y, 1873"
After quoting numerous authorities as to the
nature CT a nuisance, Judge Smell concluded his
decision as follows: The result of the cases
pated neRhEently or actively In the misfeasance
or nonfeasence which has created or continued
this nuisance she ia liable as a principal in the
misdemeanor charged. But though the court
hts come TO this ccnclusian IL is not deemed ne
cGssary to proceed to hnsl judgment at this time:
and reasonable opportunity Will be given for the
removal Of the evils complained oC but If not at
tended to, upon motion Of the prosecutor. the
court will feel called upon to rendsr Judgmeut.
The case may now be continued until the next
term"
At the conclusion the counsel for defendant
stated that, without any disrespect to the court
he would advise his client to afix notice to the
door OF the court to vRcate. The court admitted
the privilege OF defendant SO to do,