Page:United States Statutes at Large Volume 41 Part 1.djvu/327

 306 SIXTY-SIXTH CONGRESS. Sess. I. C11. 85. 1919. p,{_*;;§g{§§f1*{,‘;°v*}g’,,‘} Sec. 2. The Commissioner of Internal Revenue,his assistants agents, um. and inspectors, shall investigate and report v1olations_of the War ProhibitionAct to the United States attorne for the districtin which committed,who shall be charged with the dirty of prosecuting, subject to the direction of the Attorney General, the offenders as in the_case of mlssugy Qgvgggmgg; other offenses againstlawsof theUnited States;and suchComm1ssioner enié. of Internal Revenue, his assistants,agents, and inspectors mg swear out warrants before United States commissioners or other 0 cers or courts authorized to issue the same for the apprehension of such offenders, and may, subject to the control of the said United States attorney, conduct the prosecution at the committing trial for the purpose of having the o enders held for the action of a grand jury. uPs¤¤{u_=j_§=w,v{11j,¤*¤ Q3- Sec. 3. An room, house, bmldmg, boat, vehicle, structure, or 6335 declaredy °ii¤ri lace of an hind where intoxicating liquor is sold, manufactured, S°'·‘°°’· Eept for sells, or bartered in violation 0 the War Prohibition Act, and all intoxicating liquor and all property kept and used in maintaining such a place, is hereby declare _ to be a public and_co1n1non mfigtgijggmggt W nuisance, and any person who maintains or assists in maintaining ’ such public and common nuisance shall be guilty of a misdeamenor, and upon conviction thereof shall be lined not less than $100 nor more than $1,000, or be imprisoned for not less than thirty days or ug¤ggg;,bkg¤;x%gL>; more than one year, or both. a person has knowledge that his ui um, sue, ae. ro erty is occupied or used m violation of the provisions of the War grohibition Act and suffers the same to be so used such property shall be subject to alien for, and may be sold to pay, all fines and costs assessed against the occupant of such buildin or lproperty for an violation o the WarProhibition Act occurring af ter the passage hereog which said lien shall attach- from the time of the filing of notice of the commencement of the suit in the office where the records of the transnazemmsm. fer of real estate are kept_; and any such lien may be established and enforced by legal action instituted for that p ose in any mmm. trims. court having juris iction. Any violation of this iiilzle upon any leased premises bi the lessee or occupant thereof shall, at the option of the essor, wor a forfeiture of the lease. sblgrwwsgnqrious for Sec. 4. The United States attomey for the district where such ' nuisance as is defined m this Act exists, or any omcer designated by him or the Attorney General of the United States, may prosecute a suit in equity in the name of the United States to abate and_enjom the same. Actions in equity to enjoin and abate such nmsances may be brought in ang court having `urisdiction to hear and deter- {1j¤t;¤Sdi¢¢¤¤¤ of mine eqlilrigy causes. T ejurisdiction of the courts of the United States °° underglts; ;;:tion shall be concurrent with that of the courts of the sever a. mgfemww i¤u¤¤¤- If it be made to appear by afslidavit, or other evidence under °°' oath, to the satisfaction of the court, or judge in vacation, that the nuisance complained of exists, a temporary writ of injunction shall forthwith issue restraining the defendant or defendants rom conducting or permitting the continuance of such nuisance until the con- <>r·1¤r restraining re- clusion of the trial. Where a tem orary in'unction is prayed for, °'°"°°’°°°` the court may issue an order resflraining tlie defendants and all other persons from removin or in any way interfering with the liquor or fixtures, or other giings used in connection with the violation constituting the nuisance. No bond shall be required as a condition for making any order or issuing any writ of injunction under Prohibition or mr- this Act. If the co1u·t shall find the property involved was being }.lI,°§.,”l°°’ °°°" M"` unlawfully used as aforesaid at or about the time alleged in the petition, the court shall order that no liqluors shall be manufactured, sold, bartered, or stored in such room, ouse, building, boat, vehicle, structure, or places of any ldnd, for a period of not exceedin one °t.(·§g_x;ggg1Md°1iv6ry year, or during the war and the period of demobilization. V§hen— ` ever an action to enjoin a nuisance shall have been brought piusuant