Page:United States Statutes at Large Volume 38 Part 1.djvu/300

SIXTY—THIRD CONGRESS. Sess. II. Ch. 16. 1914. 281 Sec. 3. That the action when brought shall be triable at the first Tribterm of court, after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of said nuisance. If the complaint is filed by a citizen, it shall not db, be dismissed, except upon a swom statement made by the com- ' plainant and his attomey, setting forth the reasons wh the action should be dismissed, and the dismissal a roved by tire attorney of the United States for the District of (`iillumbia or the Attorney General of the United States of America in writing or in o en court. If the court is of the opinion that the action ought not to be dismissed, d;;§°g°:,Y',i_u°” if mt it may direct the attorney of the United States for the District of Columbia to prosecute said action to judgment; and if the action is continued more than one term of court, any citizen of the District of Columbia, or the attorney of the United States for the District of Columbia, may be substituted for the complaining party and prosecute said action to (judgment. If the action is brought by a °°'“· citizen, and the court fin s there was no reasonable ground or cause for said action, the costs ma be taxed to such citizen. Sec. 4. That in case of the violation of any injunction granted "°"“"$ under the provisions of this Act, the court, or, in vacation, a judge thereof, may summarily tr{ and pimish the offender. The proceediggs shall be commenced y filing with the clerk of the court an i ormation, under oath, setting out the alleged facts constituting such violation, upon which the court or jud e shall cause a warrant to issue, under which the defendant shallgbe arrested. The trial may be had upon ailidavits, or either party may at any stage of the proceedings demand the (production and oral examination of the witnesses A party foun guilty of contempt, under the plro- P“'“"“°"°*‘ visions of this section, shall be punished by a fine of not less t an $200 nor more than $1,000 or b imprisonment in the District jail not less than three nor more tlian six months or by both fine and im risonment. _ om Sino. 5. That if the existence of the nuisance be established in an mm? °‘ °°°°°""°° action as provided in this Act, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, ml I m which order shall direct the removal from the buildin or place of ° °'°°°m"° all fixtures, furniture, musical instruments, or movaile property used in conductingi 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 or place against its use for any purpose, and so keeping it closed for a period of one year, unless E t , I d sooner released. If any person shall break and cuter or use a build- 1.un3`ai’{p°i¤i§°a€°,i°¤ ing, erection, or place so directed to be closed he_shall be punished ‘°' °°°°°'”P‘· as for contempt, as provided in the preceding section. Pmmd , sn Sec. 6. That the proceeds of the sale of the personal property, as °° °' provided in the receding section, shall be ap lied in the payment of the costs of the action and abatement, and) the balance, if any, shall be paid to the defendant. B M In Sec. 7. That if the owner appears and pays all costs of the lpro- °° °r° ceeding and files a bond, with sureties to e approved bg the c erk, in the full value of the roperty, to be ascertained by the court or, in vacation, by the collpector of taxes of the District of Columbia, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept within a period of one year thereafter, the court, or, in vacation, the judge, may, if satisfied of mu i his good faith, order the premises closed under the order of abate- v°Y’° "°”'“°"_ ment to be delivered to said owner and said order of abatement canceled so far as the me may relate to said property; and rfthe proceeding be an action in equity and said bon be given and costs therein paid before judgment and order of abatement, the action