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16-105-306. Hearings for temporary and permanent injunction — Bond — Notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-306. Hearings for temporary and permanent injunction — Bond — Notice.
(a)(1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders.
(2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.
(b)(1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction.
(2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course.
(3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.
(4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-105-306
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fde52e74f2fe1d33816e4af6894df2851496f5dd20a50c1c90e92b9979f075bf
Source location: content.xml paragraph 41998
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16-105-306. Hearings for temporary and permanent injunction — Bond — Notice.
(a)(1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders.
(2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.
(b)(1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction.
(2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course.
(3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.
(4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-302. Penalties.
(a) If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt.
(b) Upon conviction of the contempt, the person shall be imprisoned in the county jail not less than thirty (30) days nor more than six (6) months and may also be fined in any sum not exceeding fifty dollars ($50.00). The building or place shall be closed and not used thereafter for any purpose whatever for a period of twelve (12) months, except by order of the circuit court having cognizance of the case.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-105-302. This identifies an authority to review, not proof of applicability.