Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-01-14

terms without trial, the court shall
order the plaintiff and his attorney or
attorneys of record to appear in open
court to be examined as to the rea-
sons why said cause has not been
brought on for trial, and it shall be the
duty of the county attorney to conduct
such examination, if the court shall
SO direct. If the action is brought by
citizen and the court is satisfied that
there existed no reasonable ground or
cause for such action, the costs there
of may be taxed to such citizen.
Section 4.-If the existence of the
nuisance be established In an action
as herein provided. an nrde,' =" : = : III. e, I.
ment shall issue as a part OF the judy
| meht III lie case 1890 ~4>.S
direct the removal from the building
or place and the destruction of all fur
niture. fixtures, instruments and de-
vices used therein In connection with
the nuisance, and the effectual clos
ing of the building or place for all pur-
ses, and so keeping it closed for one
year, unless sooner released. II any
person shall break and enter or use
building or place so closed, he shall
be guilty OF a contempt and punished
as hereinafter provided.
Section 5.-If the owner appears and
pays all costs of the proceedings and
files bond with sureties to be ap-
proved by the clerk in the full value OF
the property, to be ascertained by the
clerk, treasurer and auditor OF the
county, conditioned that he will i'm
mediately abate such nuisance and
prevent the same from being Kept or
maintained therein within one year
thereafter, the court or Judge, in va
cation, may if satisfied of the good
faith of such owner, order the prem
Uses closed under the order of apate-,
ment to be delivered to such owner,
and the order of abatement cancelled
so far as the same may relate to said
property. The release OF the property
under the provisions Of this section
shall not release it from any judg-
ment lien, penalty or liability to
which, it may by law be subject.
Section EN- case of the violation
of any injunction granted under the
provisions of this act, the court, or, IN
vacation, the Judge may summarily try
and punish the offender. The pro-
ceedings shall be commenced by filing
an information under oath with the
clerk of the district court, setting out
the alleged facts constituting such VIC
lation upon which the court or judge
shall cause warrant to be issued. I'M
der which the defendant shall be ar
rested. The trial may be had upon
afEdavits, or either party may demand
the production and oral examination
IL, A no
contempt under this act shall be pun
ished by fine OF not less tnan Two
hundred nor more than one Thousand
dollars or imprisoned in the county
Jail not less than two nor more than
six months, or both such fine and I'M
prisonment.
Section Whenever a permanent
Injunction issued against any person
or persons for maintaining nuisance
as herein defined, or against the
owner or agent of the building or place
kept or used for purposes herein de-
fined to be a nuisance, there shall pc
assessed against such building ana
the ground upon which same is 10
Gated and against the person or per
sons keeping, maintaining or permit
ting said nuisance and the owner or
agent Of such premises, tax OF three
hundred dollars The assessment OF
said tax shall be made by the assessor
of the city, town or township IN Wnlcn
said nuisance exists and shall be made
within three months after the per
manent injunction has been granted.
in case the assessor shall fail to make
said assessment, it shall be the duty
Of the sheriff of the county to make
the same, and return of said assess
ment shall be made to the county
treasurer. Said tax shall be per
petual lien upon all property, real ana
personal, used in connection Win
said nuisance, and the payment OF the
tax shall not relieve the person or
the premises from any other penalties
provided by law. The provisions OF
the law relating to the collection ana
distribution Of the mulct liquor tax
shall govern in the collection and dis,
tribution of the tax herein prescribed
so far as the same are applicable anu
not in conflict with this act.