Mississippi § 95-3-15 - Order of abatement.

§ 95-3-15. Order of abatement.

If the existence of the nuisance be admitted, or established in an action as provided in this chapter, an order of abatement shall be entered as a part of judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in Section 95-3-11, and shall direct the sale in the manner provided for the sale of chattels under execution of such personal property as belong to the defendants notified or appearing. Such order shall also require the renewal for one (1) year of any bond furnished by the owner of the real property as provided in Section 95-3-11, or, if not so furnished, shall continue for one (1) year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one (1) year, unless sooner released; provided, however, that the owner of any place so closed and not released under bond as hereinbefore provided in Section 95-3-11, may at this time appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under any of the provisions of this chapter shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Owners of unsold personal property and contents so seized must appear and claim same within ten (10) days after such order of abatement is made and prove innocence, to the satisfaction of the court, of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. 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. 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 hereinafter. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees he would for levying upon the selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.