the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion, or, if neither have any known place of abode, by putting them in the nearest Post Office, directed to the defendant.

to sureties

ceedings

thereon, or to except.

on failure

513. ($ 103.) The defendant may, within two days Exception after the service of a copy of the affidavit and under- and protaking, give notice to the Sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When the defendant excepts, the sureties must justify on notice in like manner as upon bail on arrest; and the Sheriff is responsible for the sufficiency of the sureties until the objection to them is either waived or until they justify. If the defendant except to the sureties, he cannot reclaim the property as provided in the next section.

when

entitled to

redelivery.

514. ($104.) At any time before the delivery of Defendant, the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the Sheriff a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property be not so required within five days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, except as provided in Section 519.

515. (§ 105.) The defendant's sureties, upon notice to the plaintiff of not less than two or more

tion of

Justifica- than five days, must justify before a Judge or County defendant's Clerk, in the same manner as upon bail on arrest; and

sureties.

Qualification of sureties.

Property, how taken

when concealed in

inclosure.

upon such justification the Sheriff must deliver the property to the defendant. The Sheriff is responsible for the defendant's sureties until they justify, or until the justification is completed or waived, and may re-. tain 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.

516. (§ 106.) The qualification of sureties must be such as are prescribed by this Code, in respect to bail upon an order of arrest.

517. ($107.) If the property, or any part thereof, be concealed in a building or inclosure, the Sheriff building or must publicly demand its delivery. If it be not delivered, he must cause the building or inclosure to be broken open, and take the property into his possession; and, if necessary, he may call to his aid the power of his county.

Property, how kept.

Claim of property by third

person.

518. (§ 108.) When the Sheriff has taken property, as in this Chapter provided, he must keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same.

519. (§ 109.) If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to the possession thereof, stating the grounds of such title or right, and serve the same upon the Sheriff, the Sheriff 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 Sheriff' against such claim, by an undertaking by two sufficient sureties; and no claim to such property by any

other person than the defendant or his agent is valid against the Sheriff unless so made.

520. (§ 110.) The Sheriff must file the notice, undertaking, and affidavit, with his proceedings thereon, with the Clerk of the Court in which the action is pending, within twenty days after taking the property mentioned therein.

521. In all actions upon undertakings given under the provisions of this Chapter, when the merits of the case have not been determined in the trial of the action in which the same was given, the defendants may, in their answer, set up as a defense such facts, and also the title of the person in whose behalf the undertaking was given to the property in dispute.

Notice and affidavit, when and be filed.

where to

Actions on ings.

undertak

CHAPTER III.

INJUNCTION.

SECTION 525. Injunction, what is, and who may grant it.

526. When it may be granted.

527. At what time it may be granted, and what is required
to obtain it.

528. Injunction after answer.

529. Security upon injunction.

530. Order to show cause why injunction should not be

granted.

531. Injunction to suspend business of a corporation, how

and by whom granted.

532. Motion to vacate or modify injunction.
533. When to be vacated or modified.

525. ($111.) An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the Court in which the action is brought, or by a Judge thereof, or by a County Judge; and when made by a Judge, it may be enforced as the order of the Court.

When it may be granted.

At what time it may be granted. and what is required

526. (§ 112.) An 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, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;

2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff';

3. When it appears during the litigation that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual.

527. (§ 113.) The injunction may be granted at the time of issuing the summons, upon the complaint, and at any time afterwards, before judgment, upon to obtain it. affidavits. The complaint in the one case, and the

Injunction after

answer.

affidavits in the other, must show satisfactorily that sufficient grounds exist therefor. No injunction can be granted on the complaint unless it is verified. When granted on the complaint, a copy of the complaint and verification attached must be served with the injunction; when granted upon affidavit, a copy the affidavit must be served with the injunction.

of

528. (§ 114.) An injunction cannot be 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.

529. (§ 115.) On granting an injunction the Court or Judge must require, except where the people of

upon

the State are a party plaintiff, a written undertaking Security on the part of the plaintiff, with sufficient sureties, to injunction. the effect that the plaintiff 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 decide that the plaintiff was not entitled thereto.

530. (§ 116.) If the Court or Judge deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted; and the defendant may, in the meantime, be restrained.

531. ($117.) An injunction to suspend the general and ordinary business of a corporation cannot be granted except by the Court or a Judge thereof; nor can it be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this State are a party to the proceeding.

532. (§ 118.) If an injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice to the Judge who granted the injunction, or to the Court in which the action is brought, to dissolve or modify the same. The application may be made upon the complaint and the affidavit on which the injunction was granted, or upon affidavit on the part of the defendant, with or without the answer. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the injunction was granted.