The American issue. [volume] (Westerville, Ohio) 1912-19??, 1921-07-29


court, or judge in vacation, that such
nuisance exists, temporary writ of
Injunction shall forthwith issue re-
straining the defendant from conduct
ing or permitting the continuance of
such nuisance until the conclusion of
the trial. If temporary injunction is
prayed for, the court may issue an
order restraining the defendant and all
other persons from removing or in
any way interfering with the liquor or
fixtures, or other things used in con-
nection with the violation of this Act
constituting such nuisance, until the
conclusion of the trial.
Upon the granting OF said temporary
injunction and five days written no
tice being given to the defendant, the
court shall set the matter down for a
preliminary hearing on the question
of whether said temporary injunction
shall be dissolved or remain in full
force until the final hearing OF the
/
the action shall have the right to pre-
sent evidence in the form OF affidavits
or oral testimony If the hearing shall
be continued at defendants instance,
the temporary writ as prayed for shall
be granted as a matter of course. After
said hearing for temporary injunction,
the court shall dissolve the temporary
! Injunction, If it finds that the injunc-
ton was improvidently granted. If
the court shall find on such hearing
that such nuisance exists, it shall order
that said temporary order shall stand;
and shall further order that the room
or place where such violation occurred
shall not be occupied or used for any
purpose pending the hearing OF the
case on its merits, and that the prop
erty be held in status lquol
No bond shall be required in insti-
tuting such proceedings.
1t shall not be necessary for the
court to find the property involved
was being unlawfully used, as afore-
said, at the time of the hearing. Upon
the trial of the cause, on finding that
the material allegations of the petition
are true. the court shall order that no
liquor shall be manufactured sold,
bartered or stored. in such room,
/ house, building, boat, vehicle, struc-
ture, or place, or any part thereof.
And upon judgment of the court or
/ dering such nuisance to be abated, the
court may order that the room, house,
| building, structure, boat, vehicle, or
place shall not be occupied or used Tor
one year thereafter; but the court
may, in its discretion. permit 1t to be
occupied or used ii the owner lessee,
tenant, or occupant thereof shall give
bond with sufficient surety, to be APP
proved by the court making the order,
in the penal and liquidated sum OF not
more than Ten Thousand ($l0,000.00)
Dollars payable to the People OF the
State of Illinois, and conditioned that
! lIlOSlCdlllS Iiquci VIII hol tiSi N"i'SA
be manufactured, sold, bartered, kept,
or otherwise disposed of therein or
thereon. and that he will pay all fines,
costs and damages that may be as
sessed for any violation of this Act
upon said property.
If the bill as herein provided is filed
upon the relation of citizen, the pro-
ceeding shall not be dismissed for
want of prosecution, nor upon motion
OF such relator, unless there is filed
with such motion sworn statement
made by such relator and his attorney,
setting forth the reasons therefor, and
unless such dismissal is approved by
the States attorney i'll writing or III
open court. If the court is OF the
opinion that such proceeding ought
not to be dismissed it may overrule
such motion and may enter an order
directing the States attorney to prose-
cute such cause to final determination
/ The cause shall be heard Immediately
upon issue being joined and if the
hearing is continued beyond the next
term, the court in term time, or a
Judge in vacation, may permit any citi-
zen of the county consenting thereto
to be substituted for the original
relator,
When any injunction, as herein pro-
vided, has been granted. it shall be
binding upon the defendant and shall
act as an injunction in personam
against defendant throughout the
i State.
Equity Jurisdiction of County Court
to Abate Nuisance
i Sec. %. Complete equity jurisdic-
ton is hereby conferred upon all
County Courts, concurrent with the
/ Circuit Courts, and the Superior Court
OF Cook county, to hear and determine