Page:United States Statutes at Large Volume 31.djvu/438

 386 FIFIY-SIXTH CONGRESS. Sr1ss.~ I. Ch. 786. 1900. ing a warrant to 1ssue to the marshal to abate such nuisance. Such motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appear on the hearing that the e nuisance has ceased, or that such remedy is inade uate to abate or prevent the continuance of the nuisance, in whidh latter case the plaintiif may roceed to have the defendant enjoined. Q¤ii1°i§'§:ii°$§iIii¤$`$$S; Sec. 318. Ii) the order be made, the clerk shall thereafter, at an mg umm. time within. six months, whenrequested be the plaintiff, issue such j warrant directed to the marshal, requiring him forthwith to abate the ~ ` *‘ nuisance at the expense of- the defendant, and return the warrant as soon thereafter as may be, with his proceedings indorsed thereon. The expense of abating the nuisance may be levied by the marshal on the property of the de endant, and in this respect the warrant is to be deemed an execution against roperty. m;V*j1g¤€st<;¤fg?<}g1*;§ Sec. 319. At any time before the order is made, or the warrant mai,. V Y issues, the defendant may, on motion to the court or judge thereof, have an order to stay the issue of such warrant for such period as may be necessary, not exceedin six months, and to allow the defendant to abate the nuisance himselg upon his giving an undertakin to the plaintiff in a sufficient amount, with one or more sureties, to gmc satisfaction of the court or judge thereof, that he will abate it within the o time and in the manner specified in such order. mggggdghgg tgngggj Sec. 320. If the plaintiff is not notified of the time and place of the ary. ’ application for the, order provided for in section three hundred and nineteen, the sureties. therein provided for shall justify as bail upon arrest, otherwise such justiiication may be omitted, unless the plaintiff require it. If such order be made and undertaking given, and the defendant fails to abate such nuisance within the time specified in said order, thereafter,at,any time within six months, thewarrant for the abategient of the_ nuisance may issue as if the same had not been sta e. o,. . - . r -·*-<=*§<>¤ for www-. Sho. 321. If a guardian, tenant in severalty or in common for life and judgment there- _. tm. , or for years, of real property, commit waste thereon, any person injured thereby may maintain an action for damages therefor against such guardian or tenant, in which action there may be judgmentrfor " treble damages, forfeiture, of the estate of the party committing or permittin t one waste, and of eviction from the property. But judgment of gorfeiture and eviction shall only be given in favor. of the person entitled to the reversion against the tenant in plossession when the injury to the estate in reversion is determined in the action to be equal to the value of the tenant’s estate or unexpired term, or to have · { j begn done orV?1gl`ered in malice. h H  dl h. . A<=¤°P¤ °¤’ ”°SP°” Ec. 322. enever an erson s a cut own, ir e, or otherwise °h°'°°“‘ person, or on the street or highway in front of any person?s house, village, town, or city lot, or cultivated grounds, or on the commons or public grounds of any village, town, or city, or on the street or high- _way in front thereof, without lawful authority, in an action by such - person, village, town, or cityagainst the person committing suc tres-. passes, or any of them, if judgment be given for the plainti it shall be given for treble the amount of damages claimed or assessed therefor, asthecase may be. _ ~. _ _ e s _S¤¤=¢ Subject- Sec. 323. If upon the trial ofsuch action it shall appear that the trespass was casual or involuntary, or thatthe defendant had probable · cause to believe thatgthe land on which such trespass was committed was his own, or that of the person in whose service or by whose direc- _ tion the act was done, or that such tree or timber wastaken fromunin closed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shali)only be given for sing e damagés. ’ ‘~ - » - »
 * .l;1i¥a1(itg9?§¥ié::11e;i injure, or carry of any trim; timber, or shrub on %he land of another