notice at any time before judgment; and on the filing of the undertaking and justification with the Clerk, the money deposited shall be refunded by such Clerk to the defendant. SEC. 94. Where money shall have been deposited, if it remain on deposit at the time of a recovery of a judgment in deposit after favor of the plaintiff, the Clerk shall, under the direction of the Court, apply the same in satisfaction thereof, and after satisfying the judgment shall refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant, the Clerk shall, under like direction of the Court, refund to him the whole sum deposited and remaining unapplied. Application of judgment. Liability of Judgment against Sheriff. SEC. 95. If after being arrested, the defendant escape or be rescued, the Territorial Marshal, or other officer, shall himself be liable as bail; but he may discharge himself from such liability by the giving and justification of bail at any time before judgment. SEC. 96. If a judgment be recovered against the Territorial Marshal, or other officer, upon his liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on his official bond for the recovery of the whole or any deficiency, as in other cases of delinquency. SEC. 97. A defendant arrested may, at any time before the justification of bail, apply to the Judge who made the Vacating the order, or the Court in which the action is pending, upon order of arrest. Reduction of bail. When claim reasonable notice to the plaintiff, to vacate the order of arrest, or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made. SEC. 98. If upon such application it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated, or if it satisfactorily appear that the bail was fixed too high, the amount shall be reduced. CHAPTER 2.-CLAIMS AND DELIVERY OF PERSONAL SEC. 99. The plaintiff in an action to recover the possesmay be made. sion of personal property, may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this Chapter. Affidavit to for delivery. SEC. 100. Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by some one on his behalf, showing: obtain order First-That the plaintiff is the owner of the property claimed, (particulary describing it) or is lawfully entitled to the possession thereof. Second-That the property is wrongfully detained by the defendant. Third-The alleged cause of the detention thereof according to his best knowledge, information and belief. Fourth-That the same has not been taken for a tax, assessment or fine, pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure; and, Fifth-The actual value of the property. SEC. 101. The plaintiff or his attorney, may thereupon, by endorsement in writing upon the affidavit, require the Delivery. Territorial Marshal, or the Sheriff of the County, where the property claimed may be, to take the same from the defendant. SEC. 102. Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the Territorial Marshal, or Sheriff, to the effect that they are bound to the defendant in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, the Territorial Marshal, or other officer, shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, notice and undertaking, by delivering the same to him personally if he can be found, or to his agent, from whose possession the property is taken: or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or if neither have any known place of abode, by putting them in the nearest Post Office (post paid), directed to the defendant. Proceedings on. SEC. 103. The defendant may, within two days after the service of a copy of the affidavit and the undertaking, give Sureties exnotice to the Territorial Marshal, his deputy, the Sheriff of the cepting to. County, or his deputy, that he excepts to the sufficiency of the sureties. If he fails to do so, he shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest; and the Territorial Marshal, his deputy, the Sheriff of the County, or his deputy; shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant except to the sureties, he cannot reclaim the property, as provided in the next Section, return. SEC. 104. At any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving Defendant to the Territorial Marshal, his deputy, the Sheriff of the may require County, or his deputy, a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If a return of the property be not required within five days after the taking and serving of notice to the defendant, it shall be delivered to the plaintiff, except as provided in Section One Hundred and Nine. SEC. 105. The defendant's sureties, upon notice to the C Justification of defendant's sureties. plaintiff of not less than two or more than five days, shall justify before the Judge or the Clerk, in the same manner as upon bail on arrest; and upon such justification the Territorial Marshal, or the Sheriff of the County, shall deliver the property to the defendant.. The Territorial Marshal, or the Sheriff of the County, shall be responsible for the defendant's sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time. If they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff. SEO. 106. The qualification of sureties and their justifiQualification cation shall be such as are prescribed by this Act in respect to bail upon an order of arrest. of sureties. Property property. SEC. 107. If the property, or any part thereof, be concealed in a building or enclosure, the Territorial Marshal, or the Sheriff of the County, shall publicly demand its delivery. If it be not delivered; he shall cause the building or enclosure to be broken open, and take the property into his possession; and if necessary, he may call to his aid the power of the County. SEO. 108. When the Territorial Marshal, or the Sheriff of Sheriff to keep the County, shall have taken property, as in this Chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto upon receiving his lawful fees for taking and necessary expenses for keeping the same. Proceedings claimed by other person. SEC. 109. If the property taken be claimed by any other person than the defendant or his agent, and such person make when property affidavit of his title thereto, or right to possession thereof, stating the grounds of such title or right, and serve the same upon the Territorial Marshal, or the Sheriff of the County, the Territorial Marshal, or the Sheriff of the County, shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff on demand of him or his agent, indemnify the Territorial Marshal, or the Sheriff of the County, against such claim by an undertaking, by two sufficient sureties, accompanied by their affidavits, that they are each worth double the value of the property as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the County; and no claim to such property by any other person than the defendant or his agent shall be valid against the Territorial Marshal, or the Sheriff of the County, unless so made. Notice, &c., to be filed. SEC. 110. The Territorial Marshal, or the Sheriff of the County, shall file the notice, undertaking or affidavit, with his proceedings thereon, with the Clerk of the Court in which the action is pending, within twenty days after taking the property mentioned therein. CHAPTER 3.-INJUNCTION. SEC. 111. An injunction is a writ or order requiring a person to refrain from a particular act. The order or writ may be granted by the Court in which the action is brought, or by a Judge thereof, and, when made by a Judge, may be enforced as the order of the Court. Injunction defined. may be SEC. 112. An injunctien may be granted in the following cases: First-When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or In what cases continuance of the act complained of, either for a limited granted. period or perpetually. Second-When it shall appear by the complaint or affidavit that the commission or continuance of some act, during the litigation, would produce great or irreparable injury to the plaintiff. Third-When it shall appear, during the litigation, that the defendant is doing, or threatens, or is about to do or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual. SEC. 113. The injunction may be granted at the time of issuing the summons upon the complaint, and at any time afterwards, before judgment, upon affidavits or other evidence. When may be The complaint in the one case, and the affidavits or other granted. evidence in the other, shall show satisfactorily that sufficient grounds exist therefor. No injunction shall be granted on the complaint, unless it be verified by the oath of the plaintiff, or some one in his behalf, that he, the person making the oath, has read the complaint or heard the complaint read, and knows the contents thereof, and the same is true of his own knowledge, except the matters therein stated on information and belief, and that as to those matters he believes it to be true. When granted on the complaint, a copy of the complaint and verification attached shall be served with the injunction: when granted upon affidavit, without notice, a copy of the affidavit shall be served with the injunction. SEC. 114. An injunction shall not be allowed after the defendant has answered unless upon notice, or upon an order made as provided in Section One Hundred and Sixteen, but in After answer. such case the defendant may be restrained until the decision of the Court or Judge granting or refusing the injunction. SEC. 115. On granting an injunction, or a restraining order, the Court or Judge shall require, except where the Territory, a County, or a City is a party plaintiff, a written undertaking, with sufficient sureties, to the effect that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the Court finally decide that the plaintiff was not entitled thereto. Undertaking. SEO. 116. If the Court or Judge deem it proper that the defendant, or any of several defendants, should be heard before order of heargranting the injunction, an order shall be made fixing a time ing. and place for hearing the application for the injunction, a copy of which order shall be served upon the person or persons designated therein, and the defendant may in the meantime Injunction to ness of be restrained. Upon the hearing, the parties may use affidavits, other written evidence and oral testimony. SEC. 117. An injunction or restraining order to suspend the general and ordinary business of a corporation shall not suspend busi- be granted without due notice of the application therefor, to corporation. be served in the manner prescribed for service of the summons in the action. Motion to dissolve or modify. Court to prescribe rules, &c. Injunction may be refused, &c. SEC. 118. If an injunction be granted without notice, the defendant at any time before the trial, may apply, upon reasonable notice, to the Judge who granted the injunction, or to the Court in which the action is pending, or a Judge thereof, to dissolve or modify the same. The application may be made upon the complaint and the affidavit, or affidavits, on which the injunction was granted, if any were used, or upon affidavits or other testimony on the part of the defendant, with or without the answer. If the application be made upon affidavit, or other evidence, on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to the affidavits on which the injunction was granted, and the defendant may then in proper cases introduce rebutting affidavits or other evidence: provided, that for the purpose of allowing the plaintiff to introduce further evidence, the answer or verification thereto attached shall be deemed an affidavit. SEC. 119. The Courts may prescribe by rule the time when, and the cases in which, the service of affidavits to be used upon applications for injunctions, and motions to dissolve injunctions, shall be made; and may also provide by rule for the giving of notice before such hearings, of the kind of testimony to be used, and make all needful rules on the subject of injunctions not in conflict with this or other Acts. SEC. 120. If upon the hearing of an application for an injunction, or for the dissolution of an injunction, it does not satisfactorily appear that there is a sufficient cause for an injunction, or if it appear that the extent of the injunction is too great, it shall be refused, dissolved or modified, as the case may be, and upon all such applications in actions respecting mines, the Court, or Judge hearing the same, may, instead of granting or continuing the injunction, make an order requiring the party against whom the application is made, to give a bond in an amount fixed by such Court or Judge, with sufficient sureties, to be approved by such Court or Judge, conditioned for the payment to the plaintiff, of all damages which he may sustain by reason of the use or occupation of the mine, or other acts complained of, by the party giving the bond, his or its agents, servants, employes, grantees or other persons by his or its consent pending the litigation, if the plaintiff finally recover: or that upon failure to give such bond within the time prescribed in the order, the injunction shall be granted, or continued, as the case may be; or the Court or Judge, may appoint a receiver, to take charge of the mine, or the proceeds thereof, pending the litigation. SEC. 121. It shall be good cause in the discretion of the |