, 1854-06-24

igatiou it appears that the defendant is do
ing, or threatens, or Is about to do, or is
procuring, or suffering some act to be done
in violation Of the plaintiffs rights respect
ing the subject Of the action, and tending
to render the Judgment Intellectual, or
where such relief, on any part thereof, con-
Ss's in restraining proceedings upon any
llhal order or judgment, an Injunction may
be granted to restrain such act or proceed
ings until the further order of the court,
which may afterwards lie dissolved dor. mo.
dified upon motion. And where ii appears
in the complaint at the commencement of
the action, or duringehe pendency thereof,
by affidavit, that the defendant threatens
or is about to remove or dispose Of his pro-
perty, with intent TO defFand bis creditorx
u temporary injunction may be granted to
restrain the removal or disposition of his
property. ''' a' s''''
Sec. us. Tie injunction may he gran
ted at the time of commencing the actioo,
or at any time afterwards, before Judgment
in that proceeding. ~ ..f.-.-.-.-..' ~,
Sec, ia. No injunction shall be gran
ted until il shall appear to the court or
judge granting ii, that some one or more Of
the opposite party concerned, has had reAE
sonable notice of the time and place of
making the application, except that in ca
ses Of emergency, TO be shown in the com
plant, the court may grant restraining
order, until notice can be given, and Leaf1
ing thereon. - a--ed ID "a, yri
Sec. ll5, On the hearing Of, an appliCao
tion for an injunction, each party may read
allidavits. t''." - ''F ,'IsE
Sec ll6 Upon the granting or cohtih9
uing an injunction, such terms and eondi-
tlons may be imposed upon the party OBJ
tanning it, as may be deemed equitable.,s.r
Sec III. No injunction OF, restraining
order shall be granted until the party ask.
ing it shall enter into bond, 10 such a sum
as shall be fixed by the court or juded
granting theorder, with surety to the salts,
faction Of the clerk Of the district court,
to the adverse party affected thereby, con:
ditioned to pay all damages and costs which
may accrue by reason Of the injunctionfor
restraining order. The sureties shall, sif
required by the clerk, justify in like man.
ner as bail upon an arrest, and until they
50 justify, the clerk shall be responsible f6f
their suiiciency. 5clgl ldi nj begiama1 Z
Sec. ll8. When an injunction is granted
upon the hearing after a, temporary, res,
training order, the plaintiff shah not be re-
quired to enter into second bond. unlesss
the former shall be deemed insufficient but
the plaintiff and his surCty shall remain
liable upon his original bond. 7isal oiai 2aii
Sec ll9, It shall ,notlbe necessary 10
issue writ OF injunction, but the. clerk.
shall issue a copy Of the order Of iniIlnc-l
tion duly certified by him, which slailibe
forthwith served by delivering the same 10
the adverse partyscs los .e7ods 10 3u1w as
sec. l20 In, application to, stay. pre-
ceedings after judgment the plaintiff shall
indorse'upon his complaint, 4 release III er-
Fors in the Judgment whenever reqdifed t0
do so by the judge or court. ,lao Oh sgIfdo
Sec. l2l, An order Of injunction shah
bind every person aud officer restrained
from the time be is informed thereof.
Sec 'l22. When notice Of the abpiiea.
ton for an injunction has been served aboK
the adverse party, it shall not be necessary
to serve the order upon, him, but he shall
be bound by the Injunction as soon as the
bond required Of the platinum IS executed
and delivered tothe proper ofheefl noois
Sec 1873 Money collectodupo a iddSt
ment afterward epjoined, remainine in tiI6s
hands ot the collecting officer, shall be paid
to the clerk Of the court granting the IN,
functions, subject to the order Of tbe court.
Sec. 12t. Whenever if shah appeaf to
any court granting an order of injunetiohg
or judge thereof in vacation, BY laIiidaviti
that any person has wilfully disoheyed the
order after notice thereof, snch court Of
judge shall award an attachhieut fof con-
tempt against the party charged, or d rule
TO show canSe why it should not issnec This
attachment or rule shall be issued by the
clerk Of the court aud directed to the sber-
III, and shall be served BY him. na9A- ~
Sec l25. The attachment for e6nteniryf
shall be Immediately served by dfreetinR
the party charged, and bringing him into
court, If in session, to be dealt with, IS in
other cases Of contempt, and the court
shall also take all necessary measuresto to
secure and indemnify the plaintiff against
damages in thepremises. ,fi a sesf,,-.r7
Sec. l26, If the court is not in session
the officer making the arrest shall cause
the person to enter into'a bond, with sure?
ty to be approved by the officer eondi-
toned that he personally appear IN open,
court on the first day Of the next term
thereof, to answer such contempt, and that
he will pay to the plaintiff all his damages
and costs oceasioned by the breach Of the
order, and in default thereof he shall be-
committed to the Jail Of the county until
ne snail enter into such bond with surety
or be otherwise legally DISCHARGED. :.
Sec. l2T. Motions to dissolve or modi-
fy injunetions may be made IN open court
at any time after the adverse party has had
reasonable notice. n fualaT odt
See, 1873. When an injunction 70 stay,