tion, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the plaintiff, the sheriff must forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He must also, without delay, serve on the defendant a copy of the affidavit, notice and undertaking, by delivering 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.

Amended Code, § 209.

§ 706. The defendant may within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fail to do so, he must be deemed to have waived all objection to them. When the defendant excepts, the sureties must justify on notice in like manner, as upon bail on arrest. And the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they justify. If the defendant except to the sureties, he cannot reclaim the property as provided in the next section.

Amended Code, § 210.

§ 707. At any time before the delivery of 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 three days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, except as provided in section 712.

Amended Code §211.

§ 708. The defendant's sureties, upon notice to the plaintiff of not less than two nor more than six days, must justify before a judge or justice of the peace, in the same manner as upon bail on arrest; and upon such justification, the sheriff must deliver the property to the defendant. The sheriff shall be responsible for the defendant's suretics, until they justify, or until the justification is completed or expressly waived, and may retain the property until that time, but if they or others in their place, fail to justify, at the time and place appointed, he must deliver the property to the plaintiff.

Amended Code, § 212.

$709. The qualification of sureties and their justification, must be such as are prescribed by sections 690 and 691, in respect to bail upon an order of arrest.

Amended Code, § 213.

§ 710. If the property or any part thereof be concealed in a building or enclosure, the sheriff must publicly demand its delivery. If it be not delivered, he must cause the building or enclosure 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.

Amended Code, § 214.

§ 711. When the sheriff shall have 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 lawful fees for taking, and his necessary expenses for keeping, the same.

Amended Code, § 215.

§ 712. 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 shall not be 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, executed by two sufficient sureties, accompanied by their affidavits, that they are each

worth double the value of the property as specified in the affidavit of the plaintiff, and freeholders and householders of the county. And no claim to such property by any other person than the defendant or his agent, shall be valid against the sheriff unless so made and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.

Amended Code, § 216.

§ 713. The sheriff must file the notice 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.

Amended Code, §217.

CHAPTER III.

INJUNCTION.

SECTION 714. Injunction by writ or order. 715. In what cases granted by order.

716. At what time it may be granted.

717. Notice, when required. Temporary injunction.

718. Security upon injunction. Damages, how ascertained.

719. Order to show cause why injunction should not be granted. 720. Security, upon injunction to suspend business of corporation. 721. Motion to vacate or modify injunction.

722. Affidavits, on motion.

§ 714. An injunction is a writ or order, requiring a person to refrain from a particular act.

as a provisional remedy, it is by order.

When granted

The order may

be made by the court in which the action is brought, or by a judge thereof, in the cases prescribed in the

next section; and when made bya judge, may be enforced as the order of the court.

Amended Code, § 218.

§ 715. Where 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 some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff, or when during the litigation, it appears 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, a temporary injunction may be granted, to restrain such act. And where, during the pendency of an action, the defendant threatens, or is about, to remove, or dispose of, his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.

Amended Code, §219. Inserting before "injury," the words great or irreparable," which were omitted at the last session.

§ 716. The injunction may be granted at the time of issuing the summons, or at any time afterwards, before judgment, upon its appearing satisfactorily to the court. or judge, by the affidavit of the plaintiff, or of any other