Page:United States Statutes at Large Volume 47 Part 1.djvu/96

 72 72d CONGRESS. SESS. I. CH. 90. MARCH 22, 1932 . persons against whom relief is sought, and also to the chief of those public of ficials o f the cou nty and c ity withi n which t he unlawf ul acts have b een th reaten ed or commit ted ch arged w ith th e duty to pr otect Prodao. complainant's property : Provided, however, That if a complain- Iss ue of temporary restraining order. ant shall also allege that, unless a temporary restraining order shall be issued without • notice, a substantial and irreparable injury to complainant's property will be unavoidable, such a tem- porary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary Efrective .period . injunction upon a hearing after notice. Such a temporary restrain- ing order shall be effective for no longer than five days and shall Und ertak ing with se - become void at the expiration of. said five days. No temporary curity to be filed. restraining order or temporary. injunction shall be issued except on condition that complainant shall first file an undertaking with Purpose. adequate security in an amount to be fixed by the court sufficient to recompe nse ,t hose e njoine d for any lo ss, exp ense, or dam age ca used by the improvident or erroneous issuance of such order or injunction, including all reasonable costs (together with a reasonable attorney's fee) and expense of defense against the order or against the grant- ing of any injunctive relief sought in the same proceeding and subseq' iently denied by the court. Scope. The undertaking herein mentioned shall be understood to signify an agreement entered into by the complainant and the surety u on which a decree may be rendered in the same suit or proceeding against said compla inant and su rety, u on a hearin g to a ssess dam- ages of which heari ng com plaina nt and surety shall - ha ve re aso na bl e notice, the said complainant and surety submitting themselves to the jurisdict ion of th e court f or that p urpose. But not hing h erein con- tained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity. tDcmply complainant SEC. 8 . No restraining order or injunctive relief shall be granted o bligations . to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dis- pute either by negotiation or with the aid of any available govern- mental machin ery of media tion o r volu ntary a rbitra tion. rel ief. for inj unctive SEC. 9 . No restraining order or temporary or permanent injunc- tiori shall be granted in a case involving or growing out of a labor dispute, except on the basi s of find ings of f act made and filed by the court in the record of the case prior to the issuance of such restrain- Ex ten t of relief. ing order or injunction ; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in such case and as shall be expressly include in said findings of fact made and filed by the court as provided herein. Certificatio n of rec- SEC. 10. Whenever any court of the United States shall issue or ord for revi ew. deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the pr oceedings and on h is filing the usua l bond fo r costs, forth- with certify as in ordinary cases the record of the case to the circuit eea forth- Procedure and pre- court of appeals for its review. Upon the filing of such record in the circuit c ourt of a ppeals, t he appeal shall be heard an d the tem porary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character. of Tri al court cha rge. contempt SEC. 11. In all cases arising under this Act in which a person shall be charged with contempt in a court of the United States (as herein