544:28 Permanent Injunction. – If the existence of the nuisance be established upon the trial a judgment shall be entered perpetually enjoining the defendants and any other persons from further maintaining the nuisance, and the defendants from maintaining such nuisance elsewhere within the state. Source. 1919, 95:5. PL 360:28. RL 418:28.
544:29 Violations. – 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 herein. Source. 1919, 95:5. PL 360:29. RL 418:29.
544:3 Complainants. – Whenever a nuisance exists the attorney general, the county attorney, or any person who is a citizen of the state or has an office therein, may commence a proceeding in equity in the name of the state, upon the relation of such attorney general, county attorney or person, to abate such […]
544:30 Abatement. – If the existence of the nuisance be admitted or established as provided herein, or in a criminal proceeding in the superior 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 the personal […]
544:31 Further Orders. – Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in RSA 544:20, or, if not so furnished, shall continue for one year any closing order issued at the time of granting the temporary injunction, or, if […]
544:32 Bond. – The owner of any place so closed and not released under bond as herein provided may appear and obtain such release in the manner and upon fulfilling the requirements hereinbefore provided. Source. 1919, 95:6. PL 360:32. RL 418:32.
544:33 Claim by Owner. – Owners of unsold personal property and contents so seized may appear and claim the same within ten days after such order of abatement is made and prove innocence of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Source. […]
544:34 Delivering Property. – 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. Source. 1919, 95:6. PL 360:34. RL 418:34.
544:35 Knowledge Presumed. – Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. Source. 1919, 95:6. PL 360:35. RL 418:35.
544:36 Officer’s Fees. – 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 […]
544:37 County Attorney’s Duty. – 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 chapter to enforce the provisions and penalties thereof. Source. 1919, 95:7. PL 360:37. RL 418:37. […]
544:38 Conviction as Evidence. – 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. Source. 1919, 95:7. PL 360:38. RL 418:38.
544:39 Proceeds of Sale. – The proceeds of the sale of the personal property, as provided herein, or so much thereof as may be necessary, shall be applied in payment of the costs of the action and abatement, including the complainant’s costs. The balance of all money collected hereunder shall be paid to the […]
544:4 Venue. – Such proceeding shall be in the superior court of the county or judicial district thereof in which the property is located. Source. 1919, 95:4. PL 360:4. RL 418:4. RSA 544:4. 1992, 284:48, eff. July 1, 1992.
544:40 Contempt, Penalty. – A party found guilty of contempt under the provisions of this RSA 544 shall be guilty of a misdemeanor if a natural person, or guilty of a felony, if any other person. Source. 1919, 95:8. PL 360:40. RL 418:40. RSA 544:40. 1973, 528:316, eff. Oct. 31, 1973 at 11:59 p.m.
544:41 Avoidance of Leases. – If a tenant or occupant of a building or tenement, under a lawful title, uses such premises or any part thereof for any of the unlawful purposes enumerated herein such use shall annul and make void the lease or other title under which he holds and, without any act […]
544:5 Filing; Notice. – At or before the commencement thereof a sworn complaint, containing the names of the parties, the object of the action and a brief description of the property affected thereby and the facts constituting the nuisance, shall be served upon the defendants and filed in the office of the clerk of […]
544:6 Temporary Injunction. – After such filing, application for a temporary injunction may be made to the superior court, who shall grant a hearing thereon within ten days thereafter. Source. 1919, 95:4. PL 360:6. RL 418:6. RSA 544:6. 1967, 132:34, eff. July 18, 1967.
544:7 Ex Parte Order. – Where such application for a temporary injunction has been made the court may, on application of the complainant, issue an ex parte order restraining the defendants and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance […]
544:8 Service of Order. – The restraining order may be served by giving in hand a copy of said order to 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 […]
