Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22


evidence shall be that the same were
originally laid Of the width of four
rods.
Section 2. This act shall take effect
upon passage and publication.
Approved June 81, 1913. Copy Law.
CHAPTER 526, LAWS OF 1913.
AN s,sse 1854 5fs5s $751; sls5g and
31S5h Of the statutes, relating to
nuiSances.
The people of the State of Wisconsin.
represented in Senate and Assembly. do
enact as follows:
Section /. There are added to the
statutes seven new sections to read:
Section 3185b. Whoever shall erect, es-
tablish, continue, maintain, use, occu-
py or lease any building or part of
building, erection or place to be used
for the purpose of lewdness, assigna-
ton or prostitution. or permit the
same to be used, in the state of Wis
consin, shall be guilty OF a nuisance
and the building, erection or place, in
or upon which such 1ewdness. asslgna-
ton or prostitution is conducted, per-
lists, and the furniture, fixtures, must
cal instruments and contents used
Herewith for the same purpose are
declared a nuisance, and shall be en-
Section 1850. Whenever a nuisance,
as defined in section 31S5b exists in
any county the district attorney or any
citizen of such county may maintain
an equitable action in the circuit
court in the name of the state to abate
the same and to perpetually enjoin
and restrain every person guilty there
of from continuing, maintaining or
flied complaint accompanied, wnen re-
quired by the court or presiding judge,
by affidavits or dispositions showing
satisfactorily that a nuisance as de-
hu 21Qyh In,
county and naming the persons guilty
thereof and upon three days notice to
the defendant or defendants in such
action, q temporary injunction may be
granted, subject to modification or dis
solution, restraining the defendant or
defendants until the conclusion of the
trial from continuing, maintaining or
permitting such nuisance. All such in
functions issued in actions begun by
public officers shall be issued without
requiring the undertaking specified in
section PTS of the statutes, and in &C
tionS instituted by citizens it shall be
discretionary with the court or presid-
ing judge to issue them with or with
out such undertaking.
Section 1850. In actions begun un-
der section 3185c the existence of any
nuisance defined in section 3185b shall
constitute prima facie evidence that
the owner of the premises affected has
| permitted the same to be used as q
/ nuisance; and evidence of the general
| reputation of the place shall be ad-
missable to prove the existence of such
nuisance. If the complaint is filed by
a citizen, it shall not be dismissed, ex-
| cept upon sworn statement made by
| the complainant and his attorney, est
| ting forth the reasons why the action
should be dismissed, and the dismissal
| shall be approved by the district at
torney of the county in writing or in
| open court. If the court is of the
| opinion that the action ought not to
/ be dismissed it may direct the district
said action to judgment. If the &C
| ton is brought by a citizen, and the
| court finds that there was no reason
able ground or cause for said action
! the costs shall be taxed to such citi-
zen.
! Section 31S5e. A party found guilty
| of contempt for violation of any in
junction granted under the provisions
! shall be punished by a fine of not less
| than two hundred nor more than one
thousand dollars or by Imprisonment
in the county jail not less than three
nor more than six months or by both
such fine and imprisonment.
! Section 3185f If the existence of
| the nuisance be established in an ac-
! ton under section 3185b, or in a GRIM
inal proceeding, an order of abate-
ment shall be entered as q part of the
| judgment in the case, which order
! shall direct the removal from the
! building or place of all fixtures, furni-
ture. musical Instruments, or movable
/ property used in conducting the nuis-
ence, and shall direct the sale thereof
in the manner provided for the sale of
| chattels under execution, and the eff
fectual closing of the building of
place against it's use for any purpose,
and so keeping it closed for a period
! Of one year, unless sooner released. If
any person shall break and enter or
use a building, erection, or place so
directed to be closed he shall be pun
ished as for contempt, as provided in
section 31S5e.
Section 31S5g. The proceeds of the
sale of such personal property shall be
applied in the payment of the costs Of
the action and abatement and the bal
ance, if any, shall be paid to the de-
PENDANT. The plaintiff may file notice
of the tendency of the action as in
ACTIONS affecting the title to real IS
tate; and if the owner Of the prem
isesa affected be adjudged guilty of the
! nuisance, the judgment for costs shall
constitute a lien thereon prior to any
other lien created after the filing of
such lis pendens.
Section 31S5h. The owner of any
building or part of building affected
by an action under section 3lS5c may
appear at any time after the com
mencement thereof and file an under
| taking in such sum and with such
! sureties as shall be required by the
court to the effect that he will immedI-
ately abate the alleged nuisance, if it
exists, and prevent the same from be-
ing re-established in the building or
part of building aforesaid within a
period of one year thereafter, and will
pay all costs that may be awarded
against him in the action. Thereupon
the court shall dismiss the action as
to such building or part of building
and revoke any order previously made
closing the same but sucn dismissal
and revocation shall not release the
property from any judgment, lien, pen
atty or liability to which it may be
subject by law
Section g. This act takes effect up
on passage and publication.
Approved June 81. 1913. Copy Law
No rs, ST. Published June "a, 1918
CHAPTER 527, LAWS OF 1913.
AN ACT-To create section 1871 and
subsection of section 1494-42 OF