Page:United States Statutes at Large Volume 47 Part 1.djvu/967

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 943 SEC. 217. INJUNCTION AFTER ANSWER .-An in* unction can not be SW IG unction after an- allowed after the defendant has 'answered, unless upon notice or upon an order to show cause ; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction. SEC. 218. SECURITY UPO N rx suNc TION .-On grant ing a n inju nctio n, seeurityupony the court or judge must require, except when' it is granted on the application of the Government, or a- wife against her husband, a written undertaking on the part of the applicant, with sufficient sureties, to the effect that he will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled thereto. Within five days after the service of the injunction, the person enjoined may except to the sufficiency of the sureties, and unless within five days thereafter, upon notice of not less than two days to the person enjoined, such sureties, or others in their place, justify before the judge or clerk of the court at a time and place designated in such notice, the order granting the injunction must be dissolved. SEC. 219. MOTION TO VACATE OR MODIFY INJ UNCTION ; PROCEDURE.- Motion to vaca te or modify injunction; pro. If an injunction is granted without notice to the person enjoined, cedure. he may apply, upon reasonable notice to the district court or judge, to dissolve or modify the same. The application may be mad e up on the complaint or the affidavit on which the injunction was granted, or upon affidav it on the part of the per son enjo ined, wi th or wi thout the answer. If the application is made upon affidavits on the part of the person enjoined, but not otherwise, the person against whom the application is made may oppose the same by affidavits or other evidence in addition to that on which the injunction was granted. AT TAC HM ENT Attachment. what SEC. 220. ATTACHMENT, WHEN AND IN WHAT OA SES MA Y ISSU E.-T he When and in plaintiff, at the time of issuing the summons, or at any time after- oases may issue. ward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defend ant give security to pay suc h judgmen t, as in this subchapter provided, in the following cases : 1 . I n an act ion upon a contr act, expr ess or i mplied, for the direct payment of money, where the contract is made or is payable in the Canal Zone, and is not secured by any mortgage or lien up on re al or personal property, or any pledge of personal property, or, if originally so secured, such security has, without any act of the plain- tiff, or the person to whom the security was given, become valueless. 2. In an action upon a contract, express or implied, against a defendant not residing in the Canal Zone. 3 . In an action against a defendant, not residing in the Zone, to recover a sum of money as damages, arising from an injury to prop- erty in the Zone, in consequence of negligence, fraud, or other wrongful act. SEC. 221. AI"'r-wAVIT FOR ATTACHMENT .-The clerk of the court must A1$davit for . issue the writ of attachment up on receiving an affidavit by or on behalf of the plaintiff showing : 1 . The facts specified in section 220 which entitle him to the writ ; 2. The amount of the indebtedness claimed, over and above all legal set-offs or counterclaims, or the amount claimed as damages ; and 3 . That the attachment is not sought, and the action is not prose- cuted, to hinder, delay, or defraud any creditor of the defendant . I