Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-02-03
FOR MORAL UPLlFT
Important Bill that 10 to be Consider.
cd This Week.


Following is the text Of a bill intro
duced in the house by Representative
Sanders Of York county:
"A bill to enjoin and abate houses
of lewdness, assignant on and prosti-
tuition, to declare the same to be nui-
sances, to enjoin the person or per-
sons who conduct or maintain the
same, and the owner or agent OF
any building used for such purpose
and to assess a tax against the per-
son or persons maintaining said null
sance and against the building and
owner thereof.
BE 1t enacted by the general as
sembly Of the state Of South Carolina:
Section 1. Whoever shall erect
establish, continue, conduct, maintain
use, own, or lease any building OF
place used for the purpose Of lewdness
assignation, or prostitution, Is guilty
Of maintaining q nuisance, and the
building or places and the premises In
or upon which lewdness, assignation
or prostitution is conducted, permitted
or carried on, continued or exist, and
the furniture, musical instruments and
nuisance, and shall be enjoined and
abated as hereinafter provided.
Sec. 2. Wherever Is kept, conduct
ed, maintained or exist such a house
or place as defined in this act, the So
licitor, sheriff, magistrate or any citi-
zen Of the county may maintain an
action in the name Of the state OF
South Carolina upon the relation OF
such officers or citizens to perpetually
enjoin said nuisance. The person OF
persons conducting or maintaining the
same and the owner or agent Of the
building or premises upon which said
nuisance exist. In such action the
court or Judge in vacation shall, upon
the presentation Of a petition therefor
alleging that nuisance complained OF
exist, allow a temporary writ Of in
junction without bond, IL 1t shall be
made to appear to the satisfaction OF
the court or judge, by evidence in the
form Of affidavits, dispositions. by ora
testimony or otherwise, as the COM
plant may elect, unless the court OF
judge, by previous order. shall direct
the form and manner in which 1t shall
be presented. Three days notice ir
writing shall be given the defendant
Of the hearing Of the application, and
II then continued at his instance, the
writ as prayed shall be granted as 9
matter Of course; when an injunction
has been granted 1t shall be binding
on the defendants throughout the state
Of South Carolina, and any violation
Of the provisions Of injunction herein
matter provided.
Sec 3. The action, when brought
shall be triable at first term Of court
after due and timely service Of the
notice has been given, and in such
action evidence of the general repu-
tation Of the place shall be admis-
sible for the purpose Of proving the
existence Of said nuisance. If the
complaint Is filed by q citizen, 1t shall
not be admissible except upon sworn
statement made by the complainant
and his attorney setting forth the rea-
son why the action should be dismiss
ed and the dismissal approved by the
solicitor in writing or in open court
If the court Is Of the opinion that the
action ought not to be dismissed, he
may direct the solicitor to prosecute
said action to judgment. And If the ac-
ton Is continued more than one term
Of court any citizen Of the county or
the solicitor may be substituted for
the complaining party and prosecute
said action to judgment. II the action
is brought by q citizen and the court
finds no reasonable grounds or course
for said action, the cost may be taxed
to such citizen.
Sec 4. In case of the violation of
any junction granted under the pro-
visions Of this act, the court, or in va
cation, judge thereof, may summarily
try and punish the offender. The pro-
ceedings shall be commenced by filing
with the clerk Of court any informa-
tion under oath setting out the alleged
q n md aoff fttff nI al ft1,,
upon which the court or judge or mag
istrate shall cause a warrant to be is
sued under which the defendant shall
be arrested. The trial may be had up
on affidavits, or either party may de-
mand the production and oral exami-
nation Of the witness A party found
guilty Of contempt under the provi-
sions Of this section shall be punished
by fine not less than--nor more
than--or be confined in county
chaingang or penitentiary at hard Ia
Dor for--or both fine and imprison-
ment.
Sec. S. If the existence of the
nuisance be established In action as
provided in this act, or in a criminal
proceeding, an order Of abatement
shall be intended as a part Of the
judgment in the case, which order
oildll ulIcCl llc TclHONdl lTOHl TIC
building or place Of all fixtures, fur
able property used in conducting the
nuisance, and shall direct the sale
thereof in the manner provided for
the sale Of chattels under execution,
and the effectual closing Of the build
ing or place against its use for any
purpose, and so keeping 1t closed for a
period OF one year, unless sooner re-
leased. If any person shall enter or
use building or place so directed to
be closed he or she shall be punished
as for contempt as provided in the
preceding section. For removing and
selling the movable property the OFF,
Ger shall be entitled to charge and re-
ceive the same fee as he would for
on execution, and for closing the prem
ises and keeping them closed a reason
able sum shall be allowed by the court
trying the same.
Sec. 6. The proceeds Of the person.
al property as provided in the preced-
ing section shall be applied to the pay
ment Of cost Of the action and abate-
ment, and the balance, II any, shall
be paid to the defendant.
Sec. Z. II the owner appears and
pays all cost Of the proceedings and
files bond with sureties to be ap-
proved by the clerk of court in the
full value Of the property, to be ascer-
tanned by the clerk, auditor or sheriff
Of the county, conditioned that he will
Immediately abate said nuisance and
prevent the same from being estab-
lished or kept within one year there
after, the clerk Of court, If satisfied
Of his good faith, may release the
property. This release Of the prop
erty under the provisions Of this sec
tion shall not release 1t from any
Judgment. lien. penalty or liability IN