Page:United States Statutes at Large Volume 47 Part 1.djvu/1369

 72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933 . any consi derab le nu mber of pe rsons , although the extent of the annoyance or damage inflicted upon individuals may be unequal. CROSS REFERENCES See, also, Criminal Code, sections 251 and 252. Abati ng public nu isance, see sections 1694 and 1695. Public nuisance, see sections 1690 et seq. SEC. 1687 . PRI VAT E NUISANCE .-Every nuisance not included in the definition of section 1686 is private. CROSS REFERENCE Private nuisance, see section 1696. SEC. 1690. LAP SE OF TIME DOES NOT LEGALIzE .-No lapse of ti me can legalize a public nuisance, amounting to an actual obstruction of public right. CROSS REFERENCE Public nuisance, defined, see section 1656. PRIVATE NUISANCES SEC. 1696. REM EDIES FOR PRIVATE NUISANCE .-The remedy against a private nuisance is a civil action. SEC. 1697 . The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provision s of this code, but to aid in their just application. SEC. 1698. When the reason of a rule ceases, so should the rule itself. SEC. 1699. Where the reason is the same, the rule sho uld be the same. 3051 ƒ -33-85 1345 Private nuisance. Ante, p.1344. SEC. 1688. WHAT IS NOT DEEMED A NUISANCE .-Nothing which i s What is not deemed nuisance. do ne or maintained under the exp re ss aut hor ity of law can be deemed a nuisance. SEC. 189 . ABATEMENT DOES NOT PRE CLUD E ACTION .-The abate- Abatement of, not to preclude action ment of a nuisance does not prejudice the right of any person to thereon. recover damages for its past existence. PUB LIC NU ISANCES Publi c nui sance s. Lapse of time does not legalize. Ante, p. 1344 . SEC. 1691 . REMEDIES AGAINST PUBLIC NUI SAN CE .-The- remedie s Remedies against. against a public nuisance are 1. Information ; 2. A civil action ; 3. Abat ement. SEC. 1692 . REMEDY REGU LAT ED, How.-The remedy by information How r egulated. i s regulated by the Criminal Code. CROSS REF 2ENCE See Cri minal Code, sections 251 and 252. SEC. 1693. REMEDIES FOR PUBLIC NUISANCE .-A pr iva te person may Remedies for public maintain an action for a public nuisance, if it is specially injurious nuisance. to himself, but not otherwise. SEC. 1694. How ABATED.--A public nuisance may be abated by any H ow aba ted. public body or officer authorized thereto by law. Remedies for private nui sa nce CHAPTER 76 .-MAXIMS OF JURISPRUDENCE RISPUDENCE u Application.