§2702. Abatement of nuisance
When on indictment, complaint or action a person is adjudged guilty of a nuisance, the court, in addition to the fine imposed, if any, or to the judgment for damages and costs for which a separate execution is issued, may order the nuisance abated or removed at the expense of the defendant. After inquiring into and estimating, as nearly as may be, the sum necessary to defray the expense of abating or removing the nuisance, the court may issue a warrant for the abatement and removal of the nuisance substantially in the form following.
STATE OF MAINE
........, ss. To the sheriff of the county of .........., or either of the sheriff's deputies, Greetings.
Whereas, by the consideration of the honorable .......... Court, at a term begun and held at .........., within and for the county of ........, upon indictment, (or "complaint," or "action in favor of A. B.," as the case may be) C. D., of .........., &c., was adjudged guilty of erecting, (or "causing," or "continuing,") a certain nuisance, being a building in .........., in the county, (or "fence," or other thing, describing particularly the nuisance and the place) which was ordered by the court to be abated and removed: We therefore command you forthwith to cause the nuisance to be abated and removed; also that you levy of the materials by you so removed, and of the goods, chattels and lands of C. D., a sum sufficient to defray the expense of removing and abating the nuisance, not to exceed .......... dollars, (the sum estimated by the court) together with your lawful fees, and thirty-three cents more for this writ. And, for want of such goods and estate to satisfy the sums, we command you to take the body of C. D., and commit C. D. to the jail in .......... in ........ county, and there detain until C. D. pays the sums or is legally discharged. And make return of this warrant, with your doings thereon, within 30 days. Witness, A. B., Esq., at .........., this .......... day of .........., in the year of our Lord 20....
J. S., Clerk.
[RR 2025, c. 2, Pt. E, §16 (COR).]
SECTION HISTORY
RR 2025, c. 2, Pt. E, §16 (COR).