Page:United States Statutes at Large Volume 36 Part 1.djvu/1186

 1162 SIXTY-FIRST CONGRESS. Sess. III. Ch. 231. 1911. W*'“’°‘“° $m‘· Sec. 261. Writs of ne exeat may be anted by an justice of the iiégfiiiziiéiii `p' m` Supreme Court, in cases where they migixt be granted lily the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which e is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satis- · factouy proof is made to the court or judge granting the same that the _ defen ant designs quickly to depart from the United States. §¤g¤S{;;**§g;¤lY?3*»gj S11c.t262. The Stupueme Cpurt andT{;1heSd1str1ct gourts sgallhave ` " ' power 0 issue wm o scire acias. e upreme ourt the circuit courts of appeals, and the district courts shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeabée to the uuéuges and principles of law. f T¢¤¤ ¤¤¥¤‘¢¤¤·i¤· nc. 263. enever notice is given of a motion or an injunction i°§.°@ -:1a,e iss. out of a district court, the court or judge thereof may, if there appears to behdanger of ulrepaiable injury froiu delay, grant an order restraming the act song t to e enjomed unf the decision upon the motion; · andsuchfoiilder may be gfanted with or without security, in the dis— cretion o the court or judge. ` I¤i¤¤¢d¤¤¤- Sec. 264. Writs of injunction may be granted by any justice of the ° R°S"°°°`m’P' m gupreme  in casgs wluerediiiey might be granted by the Supreme urt; an y any judge o a trict court in cases where they ht by Supreme he grant:3 by such couliit. _Buu no justice of the Supreme Courtnilaliall _ ear or ow any_app cation or an injunction or restrain1ng` order in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or atsuch. place outside of the same as the parties may stipulate in writing, except when it can not be heard by nhglggcgtgpgugpigu the district Lu ge of the district. In case of the absence from the judge. districtpf the istnct judge, or of his disability, any circuit judge of the circuit in which the district is situated may grant an injunction or restraining order in any case pending in the district court, where V _ · _ the same miglht be granted by the district judge. Stix guuugjéglu jg Sec. 265. he writ of mjunction shall not be granted by any court ,,,,,,k,.,,,w,._ of the United States to stayprocecdings in any court of a State, except in cases vsglhere sucg injgucuizon may be authorized by any law relating to rocee in ID. an p y. mjniluyxggjujjgggg Sim. 266. ggo interlocutory injunction suspending or restraining itat; sgugkpws. the enforcemkent, operatijon, or gixecutizon of any statute of a State by " ‘· · · restraining the action o any 0 cer 0 such State in the f t or execution of such statute, shall be issued or granted ii Bldiiyicpiiggble of the Supreme Court, or by any district court of the Uiiited States, or by any judge thereof, or by any circuit jud e acting as district judge, upon the ground of the unconstitutionaéty of such statute, . ulplesés the apjgicationf fo; tu? sa(u21e§hall be presented to a justice of t e upreme ourt o the nit tates, or to a circuit or di tr`ct th{L_g·;_;j,;¤eg_ befew judge, and shall be heartland determined by three judges, of viihdm at least one shall be a justice of the Supreme Court, or a circuit judge, and theptheir twg uxlay be §itherhciBcu1t or district judges, and unless _ _ a majori o said t ree judges s a concur in grantin I l' - ""’*"‘°“"°““· tion, Wlflienever such application as aforesaid is pres§1?1ie(dlti;pii) iii; gce of the Supreluzie Courithor to a juc§e, he shall immediately call to _ is assis ance to ear an etermine t c a lic f t th d : ' f,`Qj’,Qj*{’§,c,,,0u 0, Provided, however, That one of such thregjjudgesoghallobg ajhilficggdf iuggggée to stm Om £l;;§1up;e(u;u8Coi;;·ltgdori)afcpgecuitljudgui Sgid applipatiou: slgall not be csc, etc. _ rm e o a eas ve ays’ no ice o the hearing has been given to the governor and to the attorney general of the State, and to such other persons as may be defendants in the suit: mgegirggpgrggggzigi Pmmded, That if of opinion that ilreparable loss or damage would impmtxe damage. result to the complainant unless a temporary restraining order is granted, any justice of the Supreme Court, or any circuit or district