FORM 2-FORNICATION—ADULTERY (d) That no girl or woman who shall be convicted under this act shall be placed on probation or on parole in the care or charge of any person except a woman probation officer. ....of the Crim (e) That persons convicted of violating sections.... inal Code of this state shall be dealt with as provided in this section, and in the prosecutions of such persons the provisions of Sections 2, 3, 4, and 6 shall be applicable. SECTION 6. That prosecutions for the violation of any of the provisions of Section 1 of this act shall be tried in the courts of this state wherein misdemeanors (offenses) are triable except as to such courts the jurisdiction of which is so limited by the Constitution of this state as that the said jurisdiction cannot by statute be extended to include criminal actions of the character herein described. SECTION 7. That the declaration by the courts of any of the provisions of this act as being in violation of the Constitution of this state shall not invalidate the remaining provisions. SECTION 8. That all laws or parts of laws in conflict with the provisions of this act, be and the same are hereby repealed. SECTION 1. FORM No. 2 STANDARD FORM OF LAW ON FORNICATION That any unmarried person who shall have sexual intercourse with a person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment; provided, that the sentence imposed or any part thereof may be suspended with or without probation in the discretion of the court. [For states having no adultery law, the above form will be incomplete. The following form is suggested to remedy such deficiency.] SECTION 1. FORM OF LAW ON ADULTERY Whenever any married person shall (a) attempt to have carnal intercourse with any person other than his or her lawful spouse or (b) shall have carnal intercourse with such person or (c) shall cohabit with such person openly and notoriously, both such persons shall be guilty of adultery. SECTION 2. Any person convicted of the offense described in Section 1 (a) shall be punished by a fine not exceeding $500 or by imprisonment not exceeding FORM 3-INJUNCTION AND ABATEMENT six months or by both such fine and imprisonment; any person convicted of the offense described in Section 1 (b) shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year or by both such fine and imprisonment; any person convicted of the offense described in Section 1 (c) shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding three years or by both such fine and imprisonment. FORM NO. 3 STANDARD FORM OF INJUNCTION AND ABATEMENT ACT SECTION 1. Terms Defined. For the purpose of this act the terms place, person, nuisance are defined as follows: place shall include any building, erection, or place, or any separate part or portion thereof, or the ground itself; person shall include any individual, corporation, association, partnership, trustee, lessee, agent, or assignee; nuisance shall mean any place as above defined in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists, and the personal property and contents used in conducting or maintaining any such place for any such purpose. SECTION 2. Who Are Guilty. Any person who shall use, occupy, establish, or conduct a nuisance as defined in Section 1, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the persons employed in or in control of any such nuisance by any such owner, agent, or lessee shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided. SECTION 3. Action to Enjoin and Abate and Who May Maintain Same. Whenever a nuisance exists, the attorney-general of the state, the county attorney, or any person who is a citizen of the county or has an office therein may bring an action in equity in the name of the state of..... ..............., upon the relation of such attorney-general, county attorney, or person to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof. SECTION 4. Jurisdiction and Procedure-Temporary Injunction. Such action shall be brought in the................ ...Court of the county in which the property is located. At or before the commencement of the action a verified complaint alleging the facts constituting the nuisance shall be filed in the office of the clerk of the county, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby. Such notice shall be immediately recorded by the county clerk. After the filing of the complaint, application for a temporary injunction may be made to the............. Court or a judge thereof, who shall grant a hearing thereon within ten days FORM 3-INJUNCTION AND ABATEMENT thereafter. Where such application for a temporary injunction has been made, the court or judge thereof may, on application of the complainant, issue an ex parte restraining order restraining the respondents and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such temporary injunction and until the further order of the court thereon. The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. Any violation of such restraining order shall be a contempt of court, and where such order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon or therein a notice to that effect. A copy of the complaint, together with a notice of the time and place of the hearing of the application for a temporary injunction shall be served upon the respondents at least five days before such hearing. If the hearing be then continued at the instance of any respondent, the temporary writ as prayed shall be granted as a matter of course. Each respondent so notified shall serve upon the complainant or his attorney a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the clerk of the court wherein such cause is triable, but the court or judge may allow additional time for so answering, providing such extension of time shall not prevent the issuing of said temporary writ as prayed for. The allegations of the answer shall be deemed to be traversed without further pleading. If upon the hearing the allegations be sustained to the satisfaction of the court or judge, the court or judge shall issue a temporary injunction without bond restraining the respondents and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the respondents throughout the judicial district. Any violation thereof shall be contempt of court to be punished as hereinafter provided. If at the time of granting a temporary injunction, it shall further appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days' notice of the hearing and unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under the provisions of Section 12 of this act, the court or judge shall forthwith issue an order closing the place against its use for any purpose until final decision shall be rendered on the application for a permanent injunction. Such order shall also continue in effect for such further period the restraining order above provided, if already issued, or if not so issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein, as hereinbefore provided, and such restraining order shall be served and the inventory of such property shall FORM 3-INJUNCTION AND ABATEMENT be made and filed as hereinbefore provided; provided, however, that the owner or owners of any real or personal property so closed or restrained or to be closed or restrained may appear at any time between the filing of the complaint and the hearing on the application for a permanent injunction and, upon payment of all costs incurred and upon the filing of a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the court or, in vacation, by the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been rendered on the application for a permanent injunction, then and in that case, the court, or judge in vacation, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance, and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property or both to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the temporary injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any real or personal property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law. SECTION 5. Trial Proceedings, Permanent Injunction. The action when brought shall be noticed for trial at the first term of the court and shall have precedence over all other cases except crimes, election contests, or injunctions. In such action evidence of the general reputation of the place or an admission or finding of guilt of any person under the criminal laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance and of knowledge of and of acquiescence and participation therein on the part of the person or persons charged with maintaining said nuisance as herein defined. If the complaint is filed by a person who is a citizen of the county or has an office therein, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the action should be dismissed and the dismissal approved by the county attorney in writing or in open court. If the court or judge is of the opinion that the action ought not to be dismissed, he may direct the county attorney to prosecute said action to judgment at the expense of the county, and if the action is continued more than one term of court, any person who is a citizen of the county, or has an office therein, or the attorney general or the county attorney, may be substituted for the complainant and prosecute said action to judgment. If the action is brought by a person who is a citizen of the county or has an office therein and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed to such person. If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall perpetually enjoin the respondents and any other person or persons FORM 3-INJUNCTION AND ABATEMENT from further maintaining the nuisance at the place complained of and the respondents from maintaining such nuisance elsewhere within the judicial district. SECTION 6. Order of Abatement. If the existence of the nuisance be admitted or established in an action as provided in this act, or in a criminal proceeding in the Court, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in Section 4, and shall direct the sale of such thereof as belong to the respondents notified or appearing, in the manner provided for the sale of chattels under execution. Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 4, or, if not so furnished, shall continue for one year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one year unless sooner released; provided, however, that the owner of any place so closed and not released under bond as hereinbefore provided may now appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Owners of unsold personal property and contents so seized must appear and claim same within ten days after such order of abatement is made and prove innocence, to the satisfaction of the court, of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use a place so directed to be closed, he shall be punished as for contempt as provided hereinafter. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court. SECTION 7. Duty of County Attorney-Proceeds. In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the county attorney to proceed promptly under this act to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. All moneys collected under this act shall be paid to the county treasurer. The proceeds of the sale of the personal property, as provided in the preceding section, shall be applied in payment of the costs of the action |