Page:Federal Reporter, 1st Series, Volume 6.djvu/79

 FISCHEE V. HAYES. 67 �before Tuesday, February 24, 1880, and that complainant have the right to reply ; and that ail afiidavits be filed on or before Friday, February 27, 1880." The plaintiff presented to the court two affidavits on his part, copies of which had been served on the defendant's soliciter on the twentieth of February, 1880. The defendant replied to those affidavits by an affidavit of his own, a copy of which he served on the plaintiff's solicitor on the twenty-seventh of February, 1880. Thereupon this court, on the thirteenth of March, 1880, made an order, entitled in this cause, "on motion for second at- tachment for contempt," and reading as folio ws : "This mo- tion, having been heard on the first day of August, 1879, on affidavits and argument by counsel for the respective parties, and thereupon an order having been duly made that it be referred to John A. Shields to ascertain the fact of said in- fringement, if the same be so, and report his finding to this court, and upon the coming in of the report of said referee, and hearing counsel for the respective parties in support thereof and in opposition thereto, said report was confirmed; and it was then further ordered that the complainant file with the court, and serve copies on defendant, affidavits showing the expenses incurred in the prosecution of this second attachment for contempt ; that defendant file and serve answering affidavits, and that complainant may reply thereto; and an amended order, and the affidavit of George Hayes, the defendant, executed on the twenty-sixth day of February, 1880, having been filed in reply to said complainant's affi- davits, it is, upon consideration thereof, ordered that the defendant pay into court the sum of $522.e9, as set forth in the affidavit of Baron Higham, executed herein on the six- teenth day of February, 1880, and the further sum of $867.50, as set forth in the affidavit of Valentine Fischer, executed herein on the twentieth day of February, 1880, amounting altogether to the sum of $1,389.99, as a fine for said second contempt, within 30 days from the date of the entry of this order, to-wit, the twelfth day of April, 1880, and that, if not paid, the defendant stand committed till it be paid, and that, when paid, it be paid over to the plaintiff in re-imburse- ��� �