Page:Federal Reporter, 1st Series, Volume 7.djvu/109

 FISCHER V. HATES. 97 �and that the defendant, within 30 days after the service upon him personally, and also upon his solicitor herein, of a copy of said order, pay unto this court the sum of $1,389.99, named in said order filed March 13, 1880, as the fine therein named for the contempt therein mentioned, "being the same fine and the same contempt mentioned in said order filed February 17, 1880, and in the proceedings on Trhich said two orders were founded," and that, if said fine be so paid, it be paid over to the plaintiff in re-imbursement, and that, if it be not so paid, proper process issue to carry into effect the provision of said order filed March 13, 1880, that said defendant stand committed till said fine be paid ; "and that, on the failure of said defendant so to pay said fine, the plain- tiff may appiy to this court, on proof of said failure, and on notice to said defendant personally, and to his soliciter herein, for an order directing such process to issue, and pre- scribing its form." The plaintiff has produeed proof of the service on the defendant and on his solicitor, on the third of February, 1851, of a certified copy of said order of February 2, 1881, and proof of the failure of the defendant to pay said fine ; and, on notice to said defendant personally, and his ap- pearance by counsel, has moved for ah order directing the proper process to issue to carry into effect the provision of said order made March 13, 1880, that said defendant stand committed till said fine be paid, and prescribing the form of such process. �The court has prescribed the form of such process to be — �A warrant f rom the court to the marshal, reciting the issuing of the in- junction, a copy of it, the return of its service, a copy of said return, the motion for the attachment, copies of the notice of motion and of the affl- davits on which it was made, the service thereof on the defendant person- ally before the making of the motion, the hearing of the motion, copies of the affidavits filed thereii by the defendant, a copy of the order of August 1, 1879, a copy of the report of the referee and of the evidence taken before him, a copy of the order filed February 9, 1880, a copy of the order filed February 17, 1880, copies of the affidavits filed in pursuance of the last-named order, a copy of the order flled March 13, 1880, a copy of the affldavit on which the defendant applied for an order granting time to comply with the last-named order, a copy of the order of April 13, 1880, granting such time, a copy of the writ of crror sued out by the defendant, copies of the bond and citation therein, v.7,no.l— 7 ��� �