If the proceeding is an action either at law or in equity and a bond is given and the costs therein are paid, the premises shall be released at the end of one year from the date of the service of the temporary injunctional order, if in an equity case, or from the closing of the premises, if in a criminal case. In the meantime, and in either form of action, the premises where such nuisance was kept and maintained shall be regarded as being under a restraining order of the court, a violation of which will subject the violator to punishment for contempt. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject under any statute or law.
42-02-06. Termination of lease by owner under injunction releases property - Notice to tenant. When leasehold premises are closed under an injunctional order or have been adjudged to be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days' notice thereof in writing to the tenant, and after giving such notice, if the owner shall prove to the court that the owner was without fault, and had not knowingly nor negligently permitted the
keeping or maintaining of the nuisance complained of, the premises shall be turned over to the owner upon the order of the court. The release of the property shall be upon the condition that the nuisance shall not be continued and that the return of the property shall not release any lien upon said property occasioned by any prosecution of the tenant. If the owner appears and pays all costs of the proceedings and files a bond with sureties to be approved by the court, conditioned that the owner immediately will abate said nuisance and will prevent it from being established or kept therein within the period of one year thereafter, the court or the judge, if satisfied of the owner's good faith, may order that the premises taken and closed be released and the said order of abatement canceled so far as it may relate to said property.