the abatement of the nuisance, for such repression can continue only so long as the occasion for it exists.
It is in evidence that shortly after the passage of the order in question a further order or resolution was passed by the board of health condemning the premises and requiring the owner forthwith to remove the building. A preamble recites the previous order, declares that the premises are dangerous to life or injurious to health, and that “ the evils in or caused by .said building or premises cannot be remedied by repairs or in any other way except by destruction.” Authority for this is found in chapter 567 of the Laws of 1895, amending section 659 of the Consolidation Act. An examination of the statute, however, very clearly shows that this order is an initiatory step, which must be followed by proceedings in court for the condemnation of the property and the award of .compensation therefor. Where the board has determined that a destruction of the building is necessary, the act provides that “ said board of health may condemn the same and order it removed, provided the owner or owners of said building can demand a survey of said building in the manner provided for in case of unsafe buildings, and may institute proceedings in the Supreme Court in the county of Hew York for the condemnation of said building.” The owner is expressly allowed to answer the petition of the board in such proceedings and to dispute the necessity for the order. If upon the trial the order is sustained, commissioners must then be appointed by the court to estimate and determine the compensation which the owner shall be entitled to receive for the destruction of his property.