Page:United States Statutes at Large Volume 38 Part 1.djvu/756

 SIXTY-THIRD CONGRESS. Sess. II. Ch. 323. 1914. 737 plained of shall have been duly notified of such petition, the court shall proceed, as soon as may be, to the hea ° and determination of the case; and pending such petition, and lbjgfbre final decree, the m'1`g§g;g*¤*Y *68**3*1* court rnay at any time make such temporary res der or g ' prohibition as shall be deemed just in the premises. enever Sggmoing ¤‘ what it shall appear to the court before which any such proceeding may W ` be pending that the ends of justice require that other parties should be rought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not, and subpmnas to that end may be served in any district by the marshalriilhereof. Erm mu cu H Bd Ec. 16. at an person,, co ration, or association shall be i,§,,{‘,,,,‘;‘,§§,,f,‘ °“’ entitled to sue foryand have injundliige relief, in any court of the x mlm United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections two, three, seven and eight of this Act, when and under the same conditions and princi les as injunctive relief against threatened conduct that will cause l)oss or damage is granted by courts of equity, under the rules governing such proceedings, and upon ,,,I§§’§j,,,{‘;‘{,,,,I{f°"’“* the execution of ptrcoper bond against damages for an injunction improvidently gran and a sho t the danger of irreparable loss or damage is immediate, a pre ' injunction may issue: Provided, That nothing herein contained slliiih be construed to entitle §{,‘g'{‘;‘;’é,,,,,, as ,0 any person firm, corporation, or association, except the United ¤<>g;£¤¤;4 eggp- States, to  suit m equity for injunctive rehef against any ’p` ` common carrier subject to the provisions of the Act to regulate commerce, approved February fourth, eighteen hundred and eighty-seven, in res act of any matter subject to the regulation, supervision, or other juni tion of the Interstate Commerce Commisswn. Nom umd in Sec. 17. That no preliminary injunction shall be issued without pmumi¤aryr°°i¤;u¤c· notice to the opposite party. “‘Zr“;1 mw msmm No temporary restraining order shall be granted without notice to mg miie. _ the opppsite party unless it shall clearly appear from specific facts w,t§‘,‘,§{l,{‘{§’,§§§c,§{' “$“° shown y afli avit or by the verified bill that immediate and irrepa» rable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. vers such temporary .,,§§$Fi°°st°t°“°“‘*“ restraining order shall be indorsed with the date an hour of issuance, shall be forthwith filed in the clerk’s office and entered of record, shall dehne the injury and state wh; it is irreparable and why the E I 1 order was granted wit out notice, an shall by its terms expire within xp "‘° °“‘ such time after entry, not to exceed ten days, as the court or jugie may fix, unless within the time so fixed the order is extended for a e period for good cause shown, and the reasons for such extension H { shall be entered of record. In case a temporary restraining order ¤B,,$’“;§¥§,Sct‘{§,§’§?llm*‘ shall be granted without notice in the contingency specified, the matter of the issuance of a preliminary injunction shall be set down for a hearing at the earliest possible time and shall take precedence of all _ matters except older matters of the same character; and when p,,Y§fl‘}°},‘§§§'? °f *°“" the same comes u for hearing the arty obtaining the temporary restraining order slliall proceed with the application or a preliminary injunction, and if he does not do so the court shall dissolve the tem- _ _ porary restraining order. Upon two days’ notice to the party obtain- ,,,§§,2°dd§§g§{*u,'§,,§{°“" ing such temporary restraining order the opposite party mag! appear and move the dissolution or modification of the order, an  that event the court or judge shall proceed to hear and determine the motion as expeditiously as the ends of justice may require. Section two hundred and sixty-three of an Act entitled “An Act to p,§§}_;§§,§S_ °’ ‘°"¤°' codify, revise, and amend the laws relating to the judiciary/’ ap- \E,3~.p.11¤2,» proved March third, nineteen hundred and eleven, is hereby repealed. Im _ ‘ _ Nothing in this section contained shall be deemed to alter, repeal, S,§_’gg*,*;>§g;<;]Q)§3*g,gc<;$ or amend section two hundred and sixty-six of an Act entitled "An v¤1. p. nee. 91006°——v0L 38-rr 1--47