The Pamphlet Collection of Sir Robert Stout: Volume 47

Writs of Injunction

Writs of Injunction.

Chap. 14.—The Superior Court in term or a Judge in vacation may issue an injunction ordering suspension of any proceeding or work whenever any corporation trespasses or performs any act beyond its authority, when any one causes work to be carried on on other person's lands, or does anything in breach of a written compact or agreement, Also to prevent the transfer of shares belonging to incapacitated persons, or the ownership of which is in dispute, to prevent a partner from doing anything Inconsistent with the articles of partnership or his duty as partner, and to prevent any one from doing damage to crown property. Proceedings are to be begun by petition, supported by affidavit and documentary evidence, and carried forward under the C. C. P. Art. 988 to 1096 and 1027. Except in cases of urgency, the Judge orders notice of the petition to be given to the party petitioned against. Security for costs of $6 0 or upwards must be given. The writ enjoins the party to appear and answer, meantime suspending proceedings; service is to be made as of other writs unless otherwise ordered. Proceedings begun before the Court may be continued before a Judge, or if before a judge may be continued before the Court or another judge. An injunction may be granted incidentally in a pending case without a writ. Pending proceedings, instituted as above, a second or interlocutory injunction may be granted, and any injunction may be suspended and again renewed. Judgments are subject to review and appeal, but are to be provisionally executed meantime, unless the Court in review or appeal suspend them. If the party proceeded against does not obey the writ or judgment, the work done in despite of it may be destroyed, and he may be punished by imprisonment of 30 days, repeated till obedience is secured, or if the party be a Co. a penalty of $2,000 may be imposed and repeated in like manner, and the party aggrieved may proceed for damages. The fines imposed are the property of the Crown.