Page:Federal Reporter, 1st Series, Volume 7.djvu/108

96 FISCHER V. HAYES.

(Circuit Court, 8. D. New York. April 18, 1881.)

1. CONTEMPT OF COURT-WARRANT OF COMMITMENT-PRACTICE.

A party having been adfudged guilty of criminal contempt in the violation of an injunction in a patent suit; (6 FED. REP. 63,) and a warrant of commitment being about to issue for the non-payment of the fine imposed, held, if the defendant desired to suspend the execu- tion of the warrant until 'a final decree could be had, and appeal taken to the supreme court, that he should give a bond, with sure- ties, to pay the amount of said fine whenever the count should vacate the suspension, and that a reasonable time would be allowed to give such bond after the warrant was issued, during which time the execution of said warrant would be suspended..

2. SAME SAME FORM OF PROCESS.

Form of process. for carrying into effect the provision of the order in the contempt proceedings, directing that the defendant stand com- mitted till the fine be paid, prescribed by the court. - ED.

In'Equity.

Edmund Wetmore, for plaintiff.

James H. Whitelegge, for defendant.

BLATCHFORD, C. J. In this suit this court decided, Janu- ary 26, 1881, (6 FED. REP. 63,) that the provisions of the order of March 13, 1880, should be carried into effect. That order directed that the defendant should pay into court $1,389.99 as a fine for the contempt referred to in the order, within a specified time, and that, if not paid, the defendant should stand committed till it should be paid, and that when paid it should be paid over to the plaintiff in re-imburse- ment. The contempt consisted in the use, in violation of a preliminary injunction issued in this cause, of a machine which the court held to be an infringement of the patent, the violation of which was forbidden by said injunction. The amount of the fine was the amount found by the court to be the expenses of the plaintiff for counsel fees and otherwise in prosecuting the contempt proceeding. In this decision ar order was made by the court on the second of February, 1881, ordering that the terms of the orders filed herein February 17, 1880, and March 13, 1880, be carried into effect,