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ABATEMENT OF NUISANCES

is the prostration or removal of a nuisance. 2. 1. Who may abate a nuisance; 2, the manner of abating it. 1. Who may abate a nuisance. 1. Any person may abate a public nuisance. 3. 2. The injured party may abate a private nuisance, which is created by an act of commission, without notice to the person who has committed it; but there is no case which sanctions the abatement by an individual of nuisances from omission, except that of cutting branches of trees which overhang a public road, or the private property of the person who cuts them. 4. 2. The manner of abating it. 1. A public nuisance may be abated without notice, 2 Salk. 458; and so may a private nuisance which arises by an act of commission. And, when the security of lives or property may require so speedy a remedy as not to allow time to call on the person on whose property the mischief has arisen to remedy it, an individual would be justified in abating a nuisance from omission without notice.

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