Page:United States Statutes at Large Volume 47 Part 1.djvu/965

 72d CONGRESS. SESS. II. CH. 127 . FE BRU ARY 27, 1933 . 941 retain the property until that time. If they, or others in their place, fail to justify at the time and place appointed, he must deliver the property to the plaintiff. SEC. 208. QUALIFICATION OF suRETIES .-The qualification of sureties Quali5cation of sure- must be such as are prescribed by this code, in respect to bail upon ties. an order of arrest. SEC. 209. PROPERTY, HOW-TA KFN WHE N CONCEAL ED IN BUI LDING O R Concealed prop erty, INCLOSURE .-If the property, or any part thereof, be concealed in a how taken. building or inclosure 2 the marshal must publicly demand its deliv- ery. It it be not delivered, he must cause the building or inclosure to be broken open, and take the property into his possession. SEC. 210. PROPERTY, HOW KEPT.-When the marshal has taken prop- How kept. erty, as in this subchapter provided he must keep it in a secure place, and deliver it to the party entitles thereto, upon receiving his fees for taking and his necessary expenses for keeping the same. SEC. 211. CLA IM OF PROPERTY BY THIRD PERSON.--If the property th hen claimed by taken be claimed by any other person than the defe ndan t or his pe rsom agent, and such person make affidavit of his title thereto, or ri ght to the possession thereof, stating the grounds of such title or right, and serve the same up on the marshal, the marshal is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the marshal against such claim, by an undertaking by two sufficient sureties ; and no claim to such property by any other pers on t han the defendant or his agent is valid against the marshal unless so made. SEC. 212. NOTICE AND AFFIDAVIT, WHEN AN$ WHERE TO BE FILED.- Filing of n otice and The marshal must file the notice, undertaking, and affidavit, with his d proceedings thereon, with the clerk of the court, within twenty days after taking the property mentioned therein. SEC. 213. PROTECTION OF PLAINTIFF IN POSSESSION OF' PROPERTY .- Pro G o s oensiof ply After the property has been delivered to the plaintiff as in this sub- tiff r chapter provided, the court shall, by appropriate order, protect the plaintiff in -possession of said property until the final determination of the action. INJUNCT ION Injunction. SEC. 214. INJUNCTION, WHAT IS, AND WHO MAY GRANT rr.-An m1 30 lio n of; who injunction is - a writ or order requiring a person to refrain from a particular act. It may be granted by the district court, or the judge thereof, in any action brought in said court ; and when granted by the judge, it may be enforced as an order of the court. SEC. 215. W HEN INJU NCTION MAY BE GRANTED OR MAY NOT:An When granted. injunction may be granted in the following cases : 1. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, con- sists in restraining the commission or continuance of the act com- plained of, either for a limited period or perpetually ; 2 . When it appears by the complaint or affidavits that the com- mission or continuance of some act during the litigation would pro- duce waste, *or great or irreparable injury, to a party to the action ; 3. Wh en it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the act ion resp ecting th e subjec t of the action, and ten ding to render the judgment ineffectual ; 4 . When pecuniary compensation would not afford adequate relief ; 5 . Where it would be extremely difficult to ascertain the amount of compensation which w ould afford adequate rel ief ;