Page:Federal Reporter, 1st Series, Volume 6.djvu/76

 64 FEDERAL HEPOETER. �6i Samb— Power OF CotTBT to Make SuBSEcjtTEijT Order. �An order adjudging-the contempt, and seiting on foot a proceeding' for the purpose of ascertaining what amount of pecuniary fine should be imposed therefor, and directing on what principle and by what . meaus it should be.flxed, does aot exhaustthe power of the court to make a subsequent order flxing the amount of the fine, and directing commitment until the same should be paid. �7. Bame — Ordbb to stand Committed. �■ Where a statute authorizes or prescribes the infliction of a fine, aa a punishment for a contempt of court, it is lawful for the court inflict- ing the fine to direct that the party stand committed until the fine is paid, although there be no specifie aiHrmative grantof power in the stattite to make such direction. — [Ed. �; In Equity. Proceedings: for Contempt. �Charles F. Blake, for plaintifif. �James H. Whitelegge, for defendant. �Blatchfoed, g. J. This suit is brought for the infringe- ment of letters patent No. 74,068, granted to the plaintiff February 4, 1868, for an "improvement in machine for form- ing sheet-metal mouldings." The patent was before this court in Fischer v. Wilson, 16 Blatchf. 220, and was sustained in April, 1879. This suit was brought in May, 1879. On a motion made on due notice to the defendant, this court, on the fourteenth of June, 1879, issued a preliminary injunction, restraining the defendant from making, using, 6r selling any machine embodying the inventions descril^ed and claimed in the second and fourth claims of the patent. This injunction was served on the defendant on the same day. Afterwards a motion founded on affidavits sworn to July 18, 1879, was made before the court for an attachment against the defend- ant for contempt for violating said injunction. The affidavits were those of Erickson, ConoUy, and Abbott, and went to show a violation of the injunction by the defendant after its serv- ice on him in the use, in making sky-light bars, of im- provements covered by the second and fourth claims of the patent. The sky-light bars were made of sheet metal, and were formed and bent on a machine. The affidavits set forth the particulars of the alleged contempt charged, and were filed in court, and copies of them were served on the defend- ��� �