Deming graphic., 1921-06-14
Defining a Nuisance and Providing fol
the Abatement Thereof by Injunc
tiOn Proceedings:

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BE II Enacted 10y the Legislature of
the State Of New Mexico:
Section l. For the purpose OF this
act, place shall mean any vehicle,
building. erection or place. or any part
thereof, or the ground itself; person
,hall mean any individual, corporation
uSSociation, partnership, trustee. les.
see. agent or assignee, and nuisaIcc
shall mean any Mace upon which lewd-
ness, aSsignation or prostitution Is
conducted. permitted, continued or ex.
lists nndt he personal property and con
tent used in any manner in conjunction
Herewith.
Section >. Any person who shall use,
occupy establish, maintain or conduct
nuisance as defined herein, or aid or
labet therein. and the owner. agent or
lessee of any interest in such nuisance.
together with the persons employed In
or In control of any such nuisance 10y
such owner agent or lessee, shall be
enjoined therefrom as provided herein
Section 3 Whenever any such nuis-
ance exists any public officer or pri-
vate person, citizen of the state, with
out cost, may file In the district court
of the county wherein such nuisance
exists verified complaint. In the
name of the state. setting forth the
facts constituting such nuisance and
forthwith the said court shall issue a
temporary writ OF injunction. after
such piaintiff has filed good and suf-
ficient ond to bc approved by the court
to indemnify the defendant should pa
.ty filing the complaint fail 10 prose
cute with effect such injunction, en-
Joining the continuance Of such nuls.
.ance and requiring the defendant to
show cause at fixed date why the
temporary injunction should not be
made perpetual.
Section 4. After the issuance of said
temporary injunction the cause shall
proceed In the same manner and To the
same effect as ordinary injunction
suits excepting that ~ the filing of
verified answer denying the ullega-
tions Of the complaint shall not dis.
solve the temporary writ Of injunction
lt2l evidence of general reputation OF
the place or an admission or finding
of guilt of any person under the crimi-
nal laws Of the state for prostitution,
lewdneSS or aSSignation at any such
place shall be admissible and cOnsti-
tutc prima facie evidence of the exist
ence of said nuisance and knowledge of
and acquiesence and participation
therein on the part of the defendant
(3) the answer of the defendant shall
he deemed denied without reply: (I)
service of writs Of injunction, plead
ings and papers shall be made in the
manner specified in Section 1893, Code
1918. bRt when made by the sheriff the
actual itemiZed expense account, 10y
the board Of county commissioners OF,
the county and refunded 10 IL when
collected from the defendant, and tjl
when Judgment is against the defend
ant the court shall ascertain and in
clude In the Judgment all costs Incl
dent to the suit, including reasonable
attorneys fee when the attorney gen
eral or district attorney does not eX
clusively prosecute the suit, such costs
Ia he lien on the property, real anl
personal, Of the defendant, in the
county, from the date of the filing of
the complaint, and to be- fdreclosed In
said suit and sold as In the case of the
foreclosure Of and sale under mort
gage, the amount Of said attorneys
fees to paid to the attorney entitled
thereto by the clerk of said court
Section . The use of place for the
purpose of assignation, lewdness or
prostitution, at the option Of the owner
or lessor. shall work forfeiture of the
lease or legal title OF such place Of the
tenant or occupant thereof and cause
revcrsion Of the right of possession in
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