The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-17

'yiained of exists allow temporary writ OF in
junction, without bond, il 1t shall be made TO
appear 10 the satisfaction of the court or judge
by evidence in the form of affidavits, deposi.
tons. oral testimony or otherwise as the COM
plainant may elect. unless the court or judge
! by previous order shall have directed the form
end in which 1t shall re presented
Three days notice. in 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 matter of course.
When an injunction has been granted, 1t shall
| be binding the defendant throughout the
State. and any violations of the provisions Of in
| junction herein provided shall be a contempt
o. hereinafter provided.
! 3. That the action, when brought, shall be
triable at the first Of court, after due and
timely service of the notice has been given. and
in such action evidence of the general reputa-
ton of the place shall be admissible for the
purpose of proving the existence of said null
sance. II the complaint is filed by citizen,
1t shall not be dismissed, except upon sworn
statement made by the complainant and ms
attorney setting forth the reasons why the ac-
ton should be dismissed and the dismissal APP
proved by the attorney for the commonwealth,
or the attorney general Of the State, in writing
or in open court If the court is of the opinion
hat the action ought not TO he dismissed, it NAV
direct the attorney Of the commonwealth TO
prosecute said action to Judgment. and If the
action is continued more than one term of court,
any citizen the commonwealth attorney may
he substituted for the complaining party, and
prosecute said action 10 Judgment. If the action
is brought by citizen, and the court finds there
was no reasonable ground or for said
action, the costs may be taxed to such citizen
4 That in case Of the violation of any in
junction granted under the provisions of this
act, the court. or in vacation, judge thereof
may summarily try and punish the offender
The proceedings shall be commenced by filing
with the clerk of the court an information under
oath, setting out the alleged facts constituting
No tyfau
shah a warrant issue, under which the
defendant shall be arrested. The trial may
be had upon affdavits. either party may at
any stage af the proceedings demand the produc
ton and oral examination of the witnesses
party found guilty of contempt under the pro-
visions of this section. shall be punished by n
fine of not less than 5000. nor more than $1,000,
or by punishment in Jail not less than three
months. more than six months, or by both
fine and imprisonment.
3. That II the existence of the nuisance be
established in action provided in this act,
or in a criminal proceedings order of abate-
ment shall be entered part of the Judgment
in the case, which order shall direct the removal
| from the building place of all fixtures, fur
| niture, musical instruments, movable prop
erty 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 building place against
it's for any purpose, and so keeping it closed
for period of one year, unless sooner released.
| If any person shall break and enter or use a
building, erection place directed 10 be
| closed, he shall be punished as for contempt,
| as provided in the preceding section.
6. That the proceeds of the sale of the Ter
| sonal property. provided in the preceding
section, shall I've applied to the payment Of the
costs of the action and abatement and the bal
ance. if any, shall be paid to the defendant.
I. That II the owner appears and pays all
| costs Of the proceedings and files a bond with
| sureties to be approved by the clerk in the
full value Of the property, to be ascertained
by the court, in vacation, by the collector OF
taxes, conditioned that he will Immediately
abate said nuisance and prevent the same from
| being established kept within period OF
| one year thereafter, the court, or in vacation
the judge, may, if satisfied of his good faith
order the premises closed under the order OF
3 batement to be delivered to said owner and
said order of abatement Cancelled SO far as the
same may relate to said property; and If the
proceeding he action in equity and said bond
be given and costs therein paid before judg-
ment and order of abatement, the action shall
be thereby abated TO said building only. The
release of the property under the provisions OF
lien, penalty. liability to which 1t may be
subject by law.
s. The commonwealth attorney other
attorney representing the prosecution for viola
ton of this statute, with the approval of the
court, may grant immunity to any witness called
| to testify in behalf of the prosecution.