shall be filed in the county clerk's office where the assignment is recorded. § 4. After the lapse of one year from the date of such assignment, the county judge of the county where such inventory is filed, shall, upon the petition of any creditor of such debtor or debtors, have power to issue a citation or summons, compelling such assignee or assignees to appear before him, and show cause why an account of the trust fund created by any such assignment shall not be made, and to decree payment of such creditor's just proportional part of such fund; and such county judge shall also have the same power and jurisdiction to compel such accounting as is now possessed by surrogates in relation to the estates of deceased persons; and also power to examine the parties to such assignment and other persons on oath, in relation to such assignment and accounting, and all matters connected therewith, and to compel their attendance for that purpose; and the parties interested in such accounting shall have the same rights to appeal from any order or decree of such judge in the premises as is now given from the decrees of surrogates in relation to the accounts of executors and administrators. § 5. Whenever any such assignee or assignees shall omit or refuse to perform any decree or order made against him, her or them by a judge or court having jurisdiction to compel the payment of any debt out of such trust fund, such county judge or court may order the bond of such assignee or assignees to be prosecuted in the name of the people by the district attorney of the county where the said bond is filed, and shall apply the moneys collected thereon in satisfaction of the debts of said debtor or debtors, in the same manner as the same ought to have been applied by such assignee or assignees. § 6. Every conveyance or assignment made by any debtor or debtors under the provisions of this act, shall be recorded in the clerk's office of the county in which such debtor or debtors resided at the date thereof; and every inventory of the property of such debtor or debtors made under the provisions of this act, shall be filed in the same office where such assignment is recorded. § 7. This act shall take effect immediately. County judge may isene sum mons. Duty of county judge in certain cases. Convey to be recorded in ances, &c. County clerk's office. PART III. NUISANCE. TITLE I. General Principles. III. Private Nuisances. TITLE I. GENERAL PRINCIPLES. SECTION 1949. Nuisance, what. 1950. Public nuisance. 1951. Private nuisance. 1952. What is not deemed a nuisance. 1953. Successive owners. 1954. Abatement does not preclude action. what. S1949. A nuisance consists in unlawfully doing an Nuisance, act, or omitting to perform a duty, which act or omission either: 1. Annoys, injures or endangers the comfort, repose, health or safety of others; or, 2. Offends decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or, 4. In any way renders other persons insecure in life, or in the use of property. This definition corresponds with that given of public referred to. See also People v. Vanderbilt, 26 N. Y., 287; 25 How. Pr., 139; 38 Barb., 282; Niagara Falls International Bridge Co. v. Great Western R. R. Co., 39 Barb., 212. S 1950. A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. S 1951. Every nuisance not included in the definition of the last section is private. S 1952. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. Harris v. Thompson, 9 Barb., 350; Plant v. Long Island R. R. Co., 10 id., 26; Leigh v. Westervelt, 2 Duer, 618; Williams v. N. Y. Central R. R. Co., 18 Barb., 222; compare Renwick v. Morris, 7 Hill, 575; Clark v. Mayor, &c., of Syracuse, 13 Barb., 32. S 1953. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. Brown v. Cayuga & Susquehanna R. R. Co., 12 N. Y., 486; compare Terry v. Mayor, &c., of N. Y., 8 Bosw., 504. 1954. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. Pierce v. Dart, 7 Cow., 609. TITLE II. PUBLIC NUISANCES. SECTION 1955. Lapse of time does not legalize. 1956. Abatement. 1957. When notice is required. 1958. Remedies for public nuisance. 1959. Action. 1960. How abated. time does 1955. No lapse of time can legalize a public Lapse of nuisance, amounting to an actual obstruction of pub- not legalize. lic right. Mills v. Hall, 9 Wend., 315; Renwick v. Morris, 7 Hill, S 1956. The remedies against a public nuisance Remedies are: 1. Indictment; 2. A civil action; or, 3. Abatement. for public nuisance how regu S 1957. The remedy by indictment is regulated by Indictment the PENAL CODE and the CODE OF CRIMINAL PRO- lated. CEDURE. S1958. A private person may maintain an action Action. for a public nuisance if it is specially injurious to himself,' but not otherwise.2 1 Pierce v. Dart, 7 Cow., 609. 2 Davis v. Mayor, &c., of N. Y., 14 N. Y., 506; Dougherty abated. S1959. A public nuisance may be abated by any How public body or officer authorized thereto by law. Thus a municipal corporation may abate a nuisance S 1960. Any person may abate a public nuisance1 ta which is specially injurious to him,2 by removing, or, if necessary, destroying the thing, which constitutes |