544:1 Definitions. – For the purpose of this chapter 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, […]
544:10 Violations of Order. – Any violation of such order, or mutilation or removal of such order so posted, shall be a contempt of court; provided, that such posted order contains a notice to that effect. Source. 1919, 95:4. PL 360:10. RL 418:10.
544:11 Notice of Hearing. – 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 defendants at least five days before such hearing. Source. 1919, 95:4. PL 360:11. RL 418:11.
544:12 Continuance. – If the hearing be then continued at the instance of any defendant the temporary writ as prayed shall be granted as a matter of course. Source. 1919, 95:4. PL 360:12. RL 418:12.
544:13 Answer. – Each defendant so notified shall give the complainant or his attorney a sworn copy of his answer on or before the date fixed in said notice for the hearing, and shall file the answer with the clerk of the court. Source. 1919, 95:4. PL 360:13. RL 418:13.
544:14 Extending Time of Answer. – The court may allow additional time for answering; provided, that such extension shall not prevent the issuing of said temporary injunction as prayed for. Source. 1919, 95:4. PL 360:14. RL 418:14.
544:15 Traversing Allegations of Answer. – The allegations of the answer shall be deemed to be traversed without further pleading. Source. 1919, 95:4. PL 360:15. RL 418:15.
544:16 Hearing; Order. – If upon the hearing the allegations are sustained the court or justice shall issue a temporary injunction without bond, restraining the defendants and any other persons from continuing the nuisance. Source. 1919, 95:4. PL 360:16. RL 418:16.
544:17 Violations of Order. – Any violation thereof shall be contempt of court, to be punished as hereinafter provided. Source. 1919, 95:4. PL 360:17. RL 418:17.
544:18 Closing Order. – 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 such person shall not show that the nuisance complained of has been abated, or […]
544:19 Continuing Injunction. – Such order shall also continue in effect for such further period any restraining order already issued, or, if not so issued, shall include such an order restraining for such period the removal of or interference with the personal property and contents located thereat or therein, as hereinbefore provided. Source. 1919, […]
544:2 Persons Responsible. – Any person who shall use, occupy, establish or conduct a nuisance as defined in RSA 544:1, 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 […]
544:20 Release to Owner. – The owner 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 filing […]
544:21 Limitation. – The release of any real or personal property under the foregoing provision shall not release it from any judgment, lien, penalty or liability to which it may be otherwise subjected by law. Source. 1919, 95:4. PL 360:21. RL 418:21.
544:22 Trial First Term. – The proceeding shall be in order for trial at the first term. Source. 1919, 95:5. PL 360:22. RL 418:22.
544:23 Evidence. – 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 thereof […]
544:24 Dismissal. – If the complaint is filed by a private person it shall not be dismissed except upon a sworn statement by the complainant and his attorney, setting forth the reasons why the proceeding should be dismissed, nor unless the dismissal is approved by the county attorney in writing or in open court. […]
544:25 Refusal to Dismiss. – If the court is of the opinion that the proceeding ought not to be dismissed he may direct the county attorney to prosecute it to judgment at the expense of the county. Source. 1919, 95:5. PL 360:25. RL 418:25. RSA 544:25. 1959, 12:1.
544:26 New Complainant. – If the proceeding is continued more than one term any person who is a citizen of the state, or has an office therein, or the attorney-general or the county attorney, may be substituted for the complainant and prosecute to judgment. Source. 1919, 95:5. PL 360:26. RL 418:26. RSA 544:26. 1959, […]
544:27 Costs. – If the proceeding is brought by a private person and the court finds that there were no reasonable grounds or cause therefor the costs may be taxed against such person. Source. 1919, 95:5. PL 360:27. RL 418:27.
