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

for the purpose Of proving the exist
ence Of said nuisance. II the COM
plant Is filed by a citizen. II shall not
be dismissed, except upon sworn
statement made by the complainant
and his attorney, setting forth the rea-
sens 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
torney-general Of the United States Of
America In writing or I'm open court
II the court is Of the opinion that the
action ought not to be dismissed. II
may direct the attorney Of the United
States for the territory Of Hawaii to
prosecute said action To judgment;
and II the action is continued more
than one term OF court, any citizen
Iof 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 Is brought by 4 citizen, and
the court finds there was no reasona-
BILE ground or cause for said action.
the costs may be taxed 10 such citizen.
Seed. That In case Of the violation
of any injunction granted under the
provisions Of this act. the court or,
in vacation. q Judge thereof. NAV SUM
mariiy try and punish the offender.
The PROCEEDINGS shall DE commenced
by filing with the clerk OF the court an
information. under oath, setting out
the alleged facts constituting such vio-
lstinn, upon which the court or Judge
shall csuse q warrant to issue I'M
der which the defendant shall
be arrested The trial NAV be had
up0n affidavits or either Marty may at
any stare Of the proceedings demand
the production and oral examination
sof the witnesses. A partv found gull
ty Of contemnt. under the provisions
of this section. shall be nunished by
= fine Of not less than 1900 nor more
than $1,000 or BY imprisonment In the
district fail not less than three nor
more than six months OF by both f.ne
and imprisonment
Sec. 5. That II the existence or the
nuisance be established In an action
las 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 dl.
rect the removal from the building or
place OF al fixtures, furniture, must
cal instruments, or movable properly
used 10 conducting the nuisance, and
shall direct the sale thereof in the
manner provided for the sale OF chat.
tels under execution, and the effectuaI
closing cf the building on place against
It's use for any purpose. and so keen.
Inc Il closed for period Of one year,
unless sooner released. II any per
son shall break and enter or use q
building. erection. or place so objected
10 be closed he shall be punished as
Tor CONTEMPT az provided in the pre-
|eeding section. 80
Sec. 6. That the. proceeds OF the
sale Of the personal property, as pro
vided IN the preceding section, shall
be applied in the payment Of the costs
Of the action and abatement. and the
balance, II any, shall be paid to the
defendant.
49, ~ - Z Hab "a buC ONHCt AppCoIn
and pays ell costs Of the proceeding
and files bond, with sureties to, be
approved b. the clerk. In the full value
|Cf the property. to be ascertained, by
the court or. In vacation, by the col.
hector Of taxes Of the territory Of Ha.
wall conditioned that he will imne.
|diately abate said nuisance and pre-.
went 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 his good
faith, order the premises closed un.
der the order Of abatement to be de.
livered to said owner and said order
of abatement Cancelled 30 far as the
same may relate to said property: and
&c the proceeding be an action IN equi-
|ty and said bond be given and costs
therein paid before Judgment and or
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