The Birmingham age-herald., 1915-10-23

| De prosecuted by indictment oil erim-
 maj information and on conviction
 sheleoi the party offending shall be fined sum not less than the costs of ahati
 said nuisance as may be shown by the
 evidence. unless he has already paid the cost of such abatement and an addi-
 tlonal sum not exceeding 5000 over ana
 aooNe the cost of such abatement, which
 me shall be ascertained and fixed by
 the mas,strate or Jury trying the case,
 1T tried by jury. But if any respond ] ent or defendant shall plead in abatement
 to any Information filed or indictment found against him for any such offense
 ana shall prove hereunder that such
 offense was committed more than 12 months before the exhibition of the in
 formation or the finding of the indict-
 ment, and the said board had not with
 in F months, and more than 30 days be-
 lore the said exhibition of such informa- ton or the finding of such indictment serve written notice on the owner oI 1 agent in charge of said structure or ob- struction or person erecting or placing the same to abate such nuisance, such l information or indictment. shall be abat
 ed and no further prosecution for such
 onense shall be maintained if objected l to by plea In abatement. until a writ ten notice as above provided shall have
 been given within IF months and more than 30 days from the beginning of such l PioscSutioil, anu tne cOn6lTucllOn or pldc- ing or such structures or obstructions l in violation of law, and the maintenance l thereof after notice to abate the same has been given, for each day that they are so allowed to remain may be held and treated as continuing offense, and the owner, manager. superintendent 1 agent, contractor or other employe or
 dering or engaging in the erection or
 maintenance of said structures or ob- structions shall be held guilty under this section; and the police of the city. of l Mobile are authorized to enforce the reg 1 ulations of said board and to arrest all l offenders who may be found violating or who on proper warrant may be 1 charged with having violated such reg | ulations and the recorder, or acting re- l oorder of said city is hereby authorized and empowered to try and, upon con 1 viction. punish all such offenders by a fine not exceeding $50 day for each day that such offender may be engaged in the construction or maintenance of such illegal structure or obstruction, 1 providing. that the said recorder, or act l ing recorder. shall not have Jurisdiction 1 to try any case with reference to any l structure or obstruction which was erect cd or placed more than F months be- 1 fore the commencement of the prosecu- l tion. An appeal shall be allowed from the decisions of the recorder, or acting
 recorder, as in cases of appeal from the | the justices of the peace. All fines levied l under this section shall be paid over to the county treasurer and shall be held subject to the order of said board The said board shall also regulate the han | ding of the rafts and the character of rafts within the limits of it's Jurisdiction. And the said board may also regulate the anchorage. berthing and moorage of | steamboats, or other water craft And | any violation of such regulation by the owners or persons in charge of any such rafts or boats shall be a misdemeanor, 1 and the recorder of the city of Mobile shall have Jurisdiction to try and punish
 all such offenders if the prosecution be | commenced within F months, and all | fines so imposed and cost of the prosecu- | tion shall be a lien on such rafts or boats, which may be seized on writ issued ty the recorder or acting recorder at the beginning of or during the prose cution. or after conviction, and so
 without further levy, to satisfy such
 fines and the costs of the prose- cution, including the costs and seiz- ! ure and sale; and all such sales shall | be conducted in the same manner as sales of personal property on execution. | the surplus arising from any such sale | to be paid over to the proper claimant, | or to be deposited with the board for I account of such claimant when known. 43. The said board may, on its own re-
 lation, file bill in chancery court at
 Mobile, in the name of the state, for the
 abatement of such nuisance therein com plained of, which bill shall be in the mature of an information. And it shall be the duty of the solicitor of Mobile county. on the written request of such board, to file such bill and to prosecute | the case to a final decree and enforce
 ment thereof. And If an appeal be taken to the supreme court. it shall be the a nf hp rf IA state, to prosecute or defend such case l in that court. But the said board may employ counsel to prosecute such suit,
 whose fee in the premises shall be ap- proved by the court and paid as part of the court costs of the case as herein after provided. And upon the filing of | any such bill, it shall be the duty of said court to take jurisdiction of the subject matter thereof, and to make and enforce all proper decrees in the prem ises without requiring any fact to be established at law previous to the fil- ing of such bill In case of the non residence or contumacy of the defendant, the court additions to the powers pos sessed by it for enforcing it's decrees in general, shall have the right to direct tho sheriff to abate the nuisance by de- stroyinE or removing the same. and any and all expenses attending the destruc. ton of such nuisance, as well as the court costs. including the fee of the complain ant solicitor shall be taxed against the defendant, and shall be lien on all the property of the defendant in the
 chsncery district from the date of filing of such bill. And on the return of the
 sheriff showing the amount of such ex-
 pense, it shall be duty of the court or Of the chancellor, on application out of
 regular term of five days notice to the defendant, to direct an execution to issue
 against said defendant, and branch writs, if necessary, as in other cases for the
 amount of such expenses and costs, and
 no property shall be exempt from the
 ley thereof. In case an appeal is taken
 by the defendant, he shall be required
 if he desire said appeal, to operate as
 a aupefsedeas, to give such reasonable
 bond as the chancellor. may require, by
 orde~ duly entered in the cause condi-
 toned to prosecute said appeal to effect
 or to pay the amount of the costs of
 the cause in both courts, and of execut- ing- the decree, as well as all damages
 which may thereafter be sustained by
 any person because of the maintenance
 of such nuisance. Es .. ;
 A. That no security for costs shall
 be required in any case of said board
 be considered, as open at all times for
 the purpose, of the proceedings in this
 act authorized. Tn case any such court
 costs taxed complainants, excepting when
 taxed because of a retup of nulla bona
 against defendant, the same shall become
 a claim against county wherein such
 nuisance may be maintained, and a duly
 certified copy of the decree of the chan
 cery court in the premises shall be pre-
 scnted to the boards court as an ad-
 judged claim against such county, and