57-8-113 - Order of abatement Sale or destruction of fixtures.
57-8-113. Order of abatement Sale or destruction of fixtures.
If, upon the trial, the existence of such nuisance be established by a preponderance of evidence, an order of abatement shall be entered as a part of the decree of the court, which shall direct the removal from the soft drink stand where such nuisance exists or is maintained, all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business constituting such nuisance; and shall direct the sale thereof, or of such portion thereof as may be lawfully sold, upon such terms as the court may order, and the payment of the proceeds into court to be applied to costs or paid over to the owner, and the destruction of such portion thereof, if any, as cannot be lawfully sold within this state. The judgment or decree shall perpetually enjoin the defendant from engaging in, conducting, continuing, or maintaining such nuisance, directly or indirectly, by the defendant or by the defendant's agents or representatives, and perpetually forbidding the owner of the building where conducted from permitting or suffering same to be done in such building.
[Acts 1915, ch. 27, § 10; Shan., § 3079a331; mod. Code 1932, § 5748; T.C.A. (orig. ed.), § 57-513.]