41-806. Action by injunction to abate nuisance; procedure; fees of prosecuting attorneys; closing and padlocking; bond of owner, lessee or occupant.
41-806
41-806. Action by injunction to abate nuisance; procedure; fees ofprosecuting attorneys; closing and padlocking; bond of owner, lessee oroccupant.The attorney for the director when ordered by the director, or countyattorney in the county in which such nuisance exists, or is kept ormaintained, may maintain an action by injunction, in the name of the stateof Kansas, to abate and temporarily or permanently to enjoin such nuisance.The court shall have the right to make temporary and final orders as inother injunction proceedings. The plaintiff shall not be required to givebond in such action.
Upon final judgment against the defendant, such court shall allow theattorneys for the state of Kansas a reasonable fee for prosecuting theaction which shall be taxed as costs and shall also order that such room,house, building, structure, boat or place of any kind shall be closed andpadlocked for a period of not less than three (3) months nor more than two(2) years, and until the owner, lessee, tenant or occupant thereof shallgive bond with sufficient surety to be approved by the court making theorder, in the penal sum of not less than one thousand dollars ($1,000),payable to the state of Kansas, and conditioned that no alcoholic liquorwill for a period of two years thereafter be manufactured, possessed, sold,bartered or given away or furnished or otherwise disposed of thereon ortherein, or kept thereon or therein with intent to sell, barter, give away,or otherwise dispose of the same, contrary to this act, and that he and hissurety will pay all fines and costs assessed against him for any violationof this act.
If any condition of such bond be violated, the whole amount may berecovered as a penalty for the use of the state of Kansas; and, in suchsuit on the bond, both principal and surety may be joined as partydefendants, and satisfaction may be had from either of them. In such actiona notice to nonresident defendants may be given by publication asauthorized by law under the code of civil procedure, or upon their agentsfor service in this state, if any.
History: L. 1949, ch. 242, § 95; March 9.