Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-24

A l-
for the purpose Of proving the exist.
ence Of said nuisance. II the com.
plant is filed by a citizen. 1t shall not
be dismissed. except upon sworn
statement made by the complainant
and his attorney. setting forth the rea.
sons Why the action should be dis
missed, and the dismissal approved
by the attorney of the United States
for the territory of Hawaii or the at.
tcrney-general of the United States of
America in writing or In open court.
II the court is of the opinion that the
action ought not to be dismissed. it
may direct the attorney Of the United
States for the territory Of Hawaii to
prosecute said action tn judgment:
and n the action is continued more
than one term OF court, any citizen
Of the territory OF Hawaii, or the at
torney Of the United States for the
territory Of Hawaii may be substitut.
ed for the complaining party and pros
ecute said action TO judgment II the
action IL brought by. 4 citizen, and
the court finds there was no reasona.
|ble, ground or cause for said action,
the costs may be taxed to such citizen.
Sec. A. That in case Of the violation
OF sny injunction granted under the
provisions Of this act. TIE court, or,
In vacation. Judge thereof. may sum-
marily 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 such vio-
lation, uDon which the court or Judge
shall cause warrant to issue nm
der which the defendant shall
be arrested. The trial may be had
upon affidavits. or either PARTY may at
any STAGE Of the proceedings demand
the production AMI oral examination
of the witnesses. a party found gull
ty OF contempt. under The provisions
OF this section. shall be nunished by
? fine cf not less than 5000 nor more
thsn 1000 or BY imprisonment IN the
district Jail not less than three nor
more than six months or BY both rne
and imprisonment
Sec.s5. That II the eAistence OF the
nuisance be established In an action
as provided In this act, or in crimi-
nal proceeding an order OF abatement
shall be entered as part OF the iudg.
ment In the case, which order shall al:
rect the removal from the building OF
place of all fixtures, furniture, must.
cal instruments, or movable property
used In conducting the nuisance, and
shall direct the sale thereof In the
manner provided for the sale Of chat.
tells under execution, and the effectuai
closing CT the building OF place against
Its use for any PURPOSE, and so keep
ing II closed for q period OF one year,
unless sooner released. II any per.
son shall break and anter or use q
building erection. or place so directed
70 be closed he shall be punished as
for contempt, as provided III the pre-.
ceding section:
Sec. 8. That the proceeds OF the
sale Of the personal property, as pro.
yided In the preceding section; shah
be applied IN the payment Of the costs
OF the action and abatement and the
balance, II any. shah be paid to the
defendant. ISL
Sec. 4 That II the owner appears
and pays all costs Of the proceeding
and files q bond. with sureties to be
approved by the clerk, IN the full value
|pf the property. to be ascertained by
the court or. in vacation, by the col
lector Of taxes OF the territory OF Ha-
wall. conditioned that he will imme.
diately abate said nuisance and pre-
vent the same from being established
or kept within q period OF one year
thereafter, the court. or, In vacation.
the Judge. may. II satisfied OF hts good
faith. order the premises closed un.
der the order Of abatement to be de-
livered to said owner and said order
|cf abatement Cancelled so far as the
same may relate TO said property; and
il the proceeding be an ection ia eQul-
~ and said bond be given and costs
therein paid before judgment and or.
4 - - n. - /.