the part of

tiff, and jus

county where the property claimed may be, to take the

same from the defendant, and deliver it to the plaintiff. Security on $ 209. Upon the receipt of the affidavit and notice, the plain

ith a written undertaking, executed by one or more suflification. ficient sureties, approved by the sheriff, to the effect that

they are bound, 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 defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the sheriff shall forth with 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.

$210. The defendant may within three days after the Exception to sureties, service of a copy of the affidavit and undertaking, give ceedings notice to the sheriff that he excepts to the sufficiency of to except the sureties. If he fail 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 sheriff shall be responsible for the sulliciency of the sureties until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot reclaim the property as provided in the next section.

§ 211. At any time before the delivery of the property when enti- to the plaintiff, the defendant may if he do not except to delivery. the sureties of the plaintiff, require the return thereof,

upon giving to the sheriff a written undertaking, executed

and pro

thereon, or

Defendant

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 so required within three days ofter the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided in section 216.

tion of de.

sureties.

§ 212. The defendant's sureties, upon a notice to the Justifica plaintiff of not less than two nor more than six days, fandant's shall justify before a judge or justice of the peace, in the same manner as upon bail on arrest; upon such justification, the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant's sureties, until they justify, or until justification is completed or expressly waived, and may retain the property until that time, but if they or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.

tions and justifica

§ 213. The qualifications of sureties and their justifica- Qualification, shall be as are prescribed by sections 194 and 195, on of suin respect to bail upon an order of arrest.

reties.

how taken when con

building or

§ 214. If the property or any part thereof be concealed Property in a building or enclosure, the sheriff shall publicly de- cealed in mand its delivery. If it be not delivered, he shall cause enclosure. 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 his county.

how kept.

§ 215. When the sheriff shall have taken property, as Property, 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 his necessary expenses for keeping the same.

§ 216. If the property taken be claimed by any other Claim of person than the defendant or his agent, and such person son

property by third per

shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title and serve the same upon the sheriff; the sheriff shall not be bound to keep the property, or deliver it to the plaintiff unless the plaintiff on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking, executed 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 and freeholders and householders of the county. And no claim to such property by any other person than the defendant or his agent, shall be valid against the sheriff unless made as aforesaid, and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.

$ 217. The sheriff shall file the notice and affidavit with when and his proceedings thereon, with the clerk of the court in

which the action is pending within twenty days after taking the property mentioned therein.

Notice and

where to be filed.

CHAPTER III.

Injunction.
Section 218. Writ of injunction abolished, and order substituted.

219. Injunction, in what cases granted.
220. At what time it may be granted.
221. Notice, when required. Temporary injunction.
222. Security upon injunction. Damages, how ascertained.
223. Order to show cause why injunction should not be granted.
224. Security upon injunction to suspend business of corpora.

tion.
225. Motion to vacate or modify injunction.

226. Affidavits, on motion. Writ of in

§ 218. The writ of injunction as a provisional remedy is junction abolished

, abolished ; and an injunction, by order, is substituted

therefor. The order may be made by the court in which the action is brought, or by a judge thereof, or by a county judge, in the cases provided in the next section; and when

made by a judge may be enforced as the order of the court. Injunction, $ 219. Where it shall appear by the complaint, that the granted. plaintiff is entitled to the relief demanded, and such relief,

and order substituted.

tiine it may

or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens, or is about to do, or procuring or suffering some act to be done in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition. $ 220. The injunction may be granted at the time of At what

be granied commencing the action, or at any time afterwards, before judgment, upon its appearing satisfactorily to the court or judge, by the affidavit of the plaintiff, or of any other person, that sufficient grounds exist therefor. A copy of the

. affidavit must be served with the injunction. § 221. An injunction shall not be allowed, after the Noticere

, defendant shall have answered, unless upon notice, or up- Temporary

quired. on an order to show cause; but in such case the defend- injunction. ant may be restrained, until the decision of the court or judge, granting or refusing the injunction.

§ 222. Where no provision is made by statute, as to se- Security curity upon an injunction, the court or judge shall require a written undertaking, on the part of the plaintiff, with or without sureties, to the effect that the plaintiff will pay to the party enjoined, such damages, not exceeding an amount to be specified, as he may sustain by reason of the injunction, if the court shall finally decide that the plaintiff was how asco not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court shall direct.

$223. If the court or judge deem it proper that the de-Order to fendant, or any of several defendants, should be heard be- why in

when

upon in junction.

Damages

tained.

junction should not

upon in

suspend

before granting the injunction, an order may be made rebe granted. quiring cause to be shown, at a specified time and place,

why the injunction should not be granted; and the de

fendant may in the meantime be restrained. Security, $ 224. An injunction to suspend the general and ordijunction to nary business of a corporation, shall not be granted, except business of by the court or a judge thereof. Nor shall it be granted,

without due notice of the application therefor, to the proper officers of the corporation, except where the people of this state are a party to the proceeding, and except in proceedings to enforce the liability of stockholders in corporations and associations for banking purposes, after the first day of January, one thousand eight hundred and fifty, as such proceedings are or shall be provided by law, unless the plaintiff shall give a written undertaking, executed by two sufficient sureties, to be approved by the court or judge, to the effect that the plaintiff will pay all damages, not exceeding the sum to be mentioned in the undertaking, which such corporation may sustain, by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference or otherwise, as the court shall direct.

§ 225. If the injunction be granted by a judge of the modify n- court, or by a county judge, without notice, the defendant junction

at any time before the trial, may apply, upon notice, to a judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the complaint and the affidavits on which the injunction was granted, or upon affidavits on the part of the defendant, with or without the answer.

§ 226. If the application be made upon affidavits on the Affidavits,

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 injunction was granted.

Motion to vacate or