Lapas attēli
PDF
ePub

FORM 3 INJUNCTION AND ABATEMENT

and abatement including the complainant's costs or so much of such proceeds as may be necessary, except as hereinafter provided.

SECTION 8.

Punishment for Contempt. In case of the violation of any injunction or closing order granted under provisions of this act, or of a restraining order or the commission of any contempt of court in proceedings under this act, the court or, in vacation, a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court a complaint under oath, setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this act shall be punished by a fine of not less than two hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than three nor more than six months, or by both such fine and imprisonment.

SECTION 9.

Tax of $300.00. Whenever a permanent injunction issues against any person or persons for maintaining a nuisance as herein defined, there shall be imposed upon said nuisance and against the person or persons maintaining the same a tax of three hundred dollars; provided, however, that such tax may not be imposed upon the personal property or against the owner or owners thereof who have proven innocence as hereinbefore provided, or upon the real property or against the owner or owners thereof who shall show to the satisfaction of the court or judge thereof at the time of the granting of the permanent injunction, that he or they have in good faith permanently abated the nuisance complained of. The imposition of said tax shall be made by the court as a part of the proceeding and the clerk of said court shall make and certify a return of the imposition of said tax thereon to the county auditor, who shall enter the same as a tax upon the property and against the persons upon which or whom the lien was imposed as and when other taxes are entered, and the same shall be and remain a perpetual lien upon all property, both personal and real, used for the purpose of maintaining said nuisance except as herein excepted until fully paid; provided that any such lien imposed while the tax books are in the hands of the auditor shall be immediately entered therein. The payment of said tax shall not relieve the persons or property from any other taxes provided by law. The provision of the laws relating to the collection of taxes in this state, the delinquency thereof, and sale of property for taxes shall govern in the collection of the tax herein prescribed in so far as the same are applicable, and the said tax collected shall be applied in payment of any deficiency in the costs of the action and abatement on behalf of the state to the extent of such deficiency after the application thereto of the proceeds of the sale of personal property as hereinbefore provided, and the remainder of said tax, together with the unexpended portion of the proceeds of the sale of personal property, shall be distributed in the same manner as fines collected for the keeping of houses of ill fame, excepting that ten per cent of the amount of the whole tax collected and of the whole proceeds of the sale

[ 62 ] ·

FORM 4-CONTROL OF VENEREAL DISEASES

of said personal property as provided in this act shall be paid by the treasurer to the attorney representing the state in the injunction action at the time of final judgment.

SECTION 10.

Imposition of Tax Against Property-Service on Owner. When such nuisance has been found to exist under any proceedings in the....

Court or as in this act provided, and the owner or agent of such place whereon the same has been found to exist was not a party to such proceeding, nor appeared therein, the said tax of three hundred dollars shall, nevertheless, be imposed against the persons served or appearing and against the property as in this act set forth. But before such tax shall be enforced against such property, the owner or agent thereof shall have appeared therein or shall be served with summons therein, and the provisions of existing laws regarding the service of process shall apply to service in proceedings under this act. The person in whose name the real estate affected by the action stands on the books of the county auditor for purposes of taxation shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title, or interest in property affected by the action, such may be made parties to the action by designating them in the summons and complaint as "all other persons unknown claiming any ownership, right, title, or interest in the property affected by the action" and service thereon may be had by publishing such summons in the manner prescribed by law. Any person having or claiming such ownership, right, title, or interest, and any owner or agent in behalf of himself and such owner may make, serve, and file his answer therein twenty days after such service and have trial of his rights in the premises by the court; and if said cause has already proceeded to trial or to findings and. judgment, the court shall by order fix the time and place of such further trial and shall modify, add to, or confirm such findings and judgment as the case may require. Other parties to said action shall not be affected thereby. SECTION 11.

Other Provisions to Stand When One or More are Declared Unconstitutional. Should any provision or item of this act be held unconstitutional, such fact shall not be held to invalidate the other provisions and items thereof. SECTION 12.

If a tenant or occupant of a building or tenement, under a lawful title uses such place for the purposes of lewdness, assignation, or prostitution, such use shall annul and make void the lease or other title under which he holds and, without any act of the owner, shall cause the right of possession to revert and vest in him, and he may without process of law make immediate entry upon the premises.

FORM No. 4

STANDARD FORM OF LAW FOR THE CONTROL OF VENEREAL DISEASES SECTION 1.

That syphilis, gonorrhea, and chancroid, hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable, and

FORM 4-CONTROL OF VENEREAL DISEASES

dangerous to the public health. It shall be unlawful for any one infected with these diseases or any of them to expose another person to infection.

SECTION 2.

Any physician or other person who makes a diagnosis in or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease, shall make a report of such case to the health authorities according to such form and manner as the State Board of Health shall direct.

SECTION 3.

State, county, and municipal health officers, or their authorized deputies, within their respective jurisdictions are hereby directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons reasonably suspected of being infected with venereal disease, and to detain such persons until the results of such examinations are known, to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease. It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to coöperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution.

SECTION 4.

All persons who shall be confined or imprisoned in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies. The prison authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal diseases, and all such persons who are suffering with venereal disease at the time of the expiration of their terms of imprisonment, and, in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of Section 3, shall be isolated and treated at public expense until cured, or, in lieu of such isolation any of such persons may, in the discretion of the Board of Health, be required to report for treatment to a licensed physician, or submit to treatment provided at public expense as provided in Section 3. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime.

SECTION 5.

The State Board of Health is hereby empowered and directed to make such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this act, including rules and regulations providing for the control and treatment of persons isolated or quarantined under the

FORM 5-REMOVAL FROM OFFICE

provisions of Section 3, and such other rules and regulations, not in conflict with provisions of this act, concerning the control of venereal diseases, and concerning the care, treatment, and quarantine of persons infected therewith, as it may from time to time deem advisable. All such rules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this act, and shall have the force and effect of law.

SECTION 6.

Any person who shall violate any of the provisions of this act or any lawful rule or regulation made by the State Board of Health pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer, pursuant to the authority granted in this act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than $1,000 or by imprisonment for not more than a year or by both such fine and imprisonment.

SECTION 7.

All laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

FORM No. 5

STANDARD FORM OF LAW for the Removal FROM OFFICE OF OFFICERS
GUILTY OF MISFEASANCE OR NONFEASANCE IN OFFICE, BASED
ON THE LAW OF TENNESSEE (SECTIONS 1166 A-32 TO

SECTION 1.

1166 A-50, TENNESSEE, CODE 1918)

....9

Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of........ either state, county, or municipal office, except such officers as are by the constitution removable only and exclusively by methods other than those provided in this act, who shall knowingly or wilfully neglect to perform any duty enjoined upon such officer by any of the laws of the state, or any regulation or ordinance promulgated or passed pursuant to law, or who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit his office and shall be ousted from such office in the manner hereinafter provided.

SECTION 2.

It shall be the duty of the attorney-general of the state, the district attorneys for the state, county attorneys, and city attorneys, within their respective jurisdictions, on notice being received by them in writing that any officer herein mentioned has been guilty of any of the acts, omissions, or offenses set out in Section 1 of this act, forthwith to investigate such complaint, and if upon investigation he shall find that there is a reasonable cause for such complaint, he shall forthwith institute proceedings in the court of the proper county, to oust such officer from his office.

FORM 5-REMOVAL FROM OFFICE

SECTION 3.

The petition or complaint shall be in the name of the state of

and may be filed upon the relation of the attorney-general of the state or district attorney for the state, or the county attorney in the case of county officers, and of the city attorney or the district attorney for the state, in case of municipal officers, and in all cases it may be filed without the concurrence of any of said officers upon the relation of ten or more citizens and freeholders of the state, county, or city, as the case may be, upon their giving the usual security for costs. It shall also be the duty of the attorney-general of the state, in the case of state officers, and of the district attorney for the state, and the county attorney, if there be one for the county, in the case of county officers, and of the city attorney, or the district attorney for the state, in case of municipal officers, to file such petition or complaint, upon being directed or requested in writing so to do by the governor.

SECTION 4.

Such proceedings against state officers, when brought by or upon relation of the attorney-general of the state, shall be at the expense of the state; when brought against county officers by or upon the relation of any of the officers above named, they shall be at the expense of the county; when brought against · municipal officers by or upon the relation of the city attorney, or the district attorney for the state, they shall be at the expense of the municipality; and when brought by or upon the relation of citizens and freeholders, they shall be at the expense of relators; provided, that in all cases, where such proceedings are successful, full costs shall be adjudged against the defendant; and provided further that it shall be the duty of the attorney-general of the state upon request of relator citizens and freeholders, to aid and assist in the prosecution of such proceedings against county officers, and of city attorneys or the district attorneys for the state, upon like request, to aid and assist in the prosecution of such proceedings against municipal officers other than themselves.

SECTION 5.

The governor shall have power, and it shall be his duty whenever he has knowledge that reasonable grounds exist for the proceedings authorized by this act against any state, county, or municipal officer, to direct the attorney-general of the state or district attorney or county attorney or city attorney, as the case may be, to institute and prosecute the same against the offending officer. And the governor may in all cases employ on behalf of the state additional counsel to aid in the prosecution of such proceedings.

SECTION 6.

The accused shall be named as defendant, and the petition or complaint, except when filed upon the relation of the law officers of the state, district, county, or municipality, shall be verified by oath or affidavit, shall state the charges against defendant with reasonable certainty, and be subject to amendment as in other actions.

[graphic]

Upon the filing of the complaint or petition for the writ of ouster, a summons shall issue for the defendant, and there shall accompany the summons

« iepriekšējāTurpināt »