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593. [Am'd 1877.) For the purpose of surrendering the defendant, the bail, at any place or at any time before they are finally charged, may themselves arrest him, or, by a written authority, endorsed on a certified copy of the undertaking, may empower another person to do so. And one or more of the bail may thus arrest and surrender the defendant, although the others do not join with him or them, for that purpose.
8 594. Where the defendant surrenders himself in exoneration of his bail, he must present himself to the sheriff, and require the sheriff, in writing, to take him into custody, in exoneration of his bail. The sheriff must detain him accordingly, as prescribed in subdivision second of section five hundred and ninety-two of this act; and, if requested by the bail, at any time after the surrender, tie sheriff must, by a certificate in writing, acknowledge the surrender. An order for the exoneration of the bail may be procured, as prescribed in
section five hundred and ninety-two of this act. 4 Month. L. $ 595. Where the sheriff is liable as bail
, he has all the Bul. 7. rights and privileges, and is subject to all the duties and
liabilities of bail; and bail given by him, in order to discharge himself from liability, must be regarded as the bail of the defendant in the action. But this section does not apply to an action to recover a chattel ; or to a case where a defence arises to an action against the bail, in consequence of an act or omission of the sheriff.
$.596. In case of failure to comply with he undertaking, the bail may be proceeded against by action, and not other
wise. 17 Hun, 232
§ 597. An action may be brought, as prescribed in the 4 Month. L. last section, in a case where the order of arrest could be Bul. 7. granted only by the court, at any time after the bail have
failed to comply with their undertaking. Where the undertaking was given in an action to recover a chattel, an action may be brought thereupon, at any time after the return, wholly or partly unsatisfied, of an execution for the delivery of the possesion of the chattel, with respect to which the order of arrest was granted. In any other case, in action cannot be brought, as prescribed in the last section, until the following requisites have been complied with :
1. An execution, against the property of the defendant, must have been issued to the sheriff of the county in which he was arrested, and returned by that sheriff, wholly or partly unsatisfied.
2. An execution, against the person of the de endant, must have been issued to the same sheriff, and by him returned, nou less than fifteen days after its receipt, to the effect that the defendant could not be found within his county.
$ 598. [Am'd 1877.] The sheriff must diligently endeavor 88 N.Y. 611. to enforce an execution issued and delivered to him, as pre
scribed in the last section, notwithstanding any dimetion he may receive from the plaintiff, or his attorney.
$ 599. (Amd 1877.] In an action against bail, i va de88 N. Y. 611. 40 N. Y. Sup
fence, that an execution, against the property, or ag ist the er. Ct. (J. & person, of the defendant in the original action, was nou „sued, S.) 206. as prescribed in section five hundred and ninety-seven of this
act; or that it was not issued in sufficient time to enable the sheriff to enforce it, or that a direction was given, or other
fraudulent or collusive means were used, by the plaintiff or his attorney, to prevent the service thereof.
$ 600. If the defendant in the orignal action, after his 11 Daly, 301. discharge upon bail, is imprisoned, either within or without 49 N.Y. Sup the State, upon a criminal charge, or a conviction of a crimi
er. Ct. (J. &
8.) 506. pal offence, the court, in which an action against the bail is
5 Civ. Pro. pending, may, before the expiration of the time to answer, 357. and upon notice to the adverse party, make such an order for the relief of the bail, as justice requires.
$ 801. (Amd 1877.) Except in an action to recover a chattel, the bail must be exonerated where either of the following events occurs, before the expiration of the time to answer in an action against them :
1. The death of the original defendant. 2. His legal discharge from the obligation to render himself amenable to the process, direction, or proceedings, with respect to which the undertaking of the bail was made.
3. His surrender to the sheriff of the county where he was arrested, as prescribed in this article.
Where either event occurs, after the commencement of the action against the bail, the court may, in its discretion, impose the payment of the plaintiff's costs and expenses, incurred after the return of the execution against the person, as a condition of allowing the exoneration. And the court may, hy an order, made upon notice to the adverse party, grant such further time as it deems just, after answer, for the surrender of the original defendant. In that case, his surrender, within the time so granted, has the same effect, as if it had been made before answer.
service of an injunction order.
AND SERVICE OF AN INJUNCTION ORDER.
ed in other cases. 603. Injunction, when the right 607. Proof necessary to procure thereto depends upon the
injunction. nature of the action.
608. At what time the order 604. Id.; when the right thereto
may be granted.
not required. Injunction 605. Restrictions upon injunc
pending an application. tions to restrain State 610. Order must recite grounds; officers.
service of order. $ 602. The writ of injunction has been abolished. A tem- 61 State Rep. porary injunction may be granted by order, as prescribed in
722. this article.
2 Abb. N. C. $ 603. Where it appears, from the complaint, that the 453. plaintiff demands and is entitled to a judgment against the 51 N.Y. Sup. defendant, restraining the commission or continuance of an
er. Ct. (J. & act, the commission or continuance of which, during the pen- 49 Hun, 19.
J.) 227. dency of the action, would produce injury to the plaintiff', an 16 Civ. Pro. in junction order may be granted to restrain it.
136 N.Y. :)) & App. 1
provided for in this section, is described in unis act, as a case where the right to an injunction depends upon the nature of
the action. 136 N. Y. 252. $ 604. (Amd 1877.) In either of the following cases, an 7 Misc. 126, injunction order may also be granted in an action :
1. Where it appears, by affidavit, that the defendant, during the pendency of the action, is doing, or procuring, or suffering to be done, or threatens, or is about to do, or to procure, or suffer to be done, an act, in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, an injunction order may be
granted to restrain him therefrom. 59 How. Pr. 2. Where it appears, by affidavit, that the defendant, dur
ing the pendency of the action, threatens, or is about to 13 Civ. Pro.
remove, or to dispose of his property, with intent to defraud the plaintiff, an injunction order may be granted to restrain
the removal or disposition. 24 Week
(Am'd 1895, amendment to take effect January 1, Dig. 474. 1896.] Where a duty is imposed by statute upon a State 46 Hun, 607. officer, or board of State officers, an injunction order to re. 129 N. Y. 183. strain him or them, or a person employed by him or them, 144 N. Y. 261. from the performance of that duty, or to prevent the execu
tion of the statute, shall not be granted, except by the supreme court, at a term thereof, sitting in the department in which the officer or board is located, or the duty is required to be performed; and upon notice of the application therefor to the officer, board, or other person to be re
strained. 52 N.Y. Sup
$ 606. Except where it is otherwise specially prescribed er. Ct. (J. & by law, an injunction order may be granted by the court in S.) 53.
which the action is brought, or by a judge thereof, or by any 132 N. Y. 403. county judge ; and where it is granted by a judge, it may be
enforced as the order of the court.
$ 607. [Am'd 1877.). The order may be granted, where it appears to the court or judge, by the affidavit of the plaintiff,
or any other person, that sufficient grounds exist therefor. 136 N.Y.252. $ 608. [Am'd 1877.) The order may be granted to accom
pany the summons, or at any time after the commencement of the action and before final judgment.
$ 609. [Am'd 1877.] The order may be granted, upon or without notice, in the discretion of the court or judge, unless the defendant has answered ; in which case, it can be granted only upon notice, or an order to show cause. Where an application for an injunction is made upon notice, or an order to show cause, either before or after answer, the court or judge may enjoin the defendant, until the hearing and decision of
the application. 3 Month. L.
§ 610. The injunction order must briefly recite the grounds Bul. 93.
for the injunction. Where it is granted by the court, it must 12 N. Y.State be served by delivering a certified copy thereof; where it is Rep. 370. granted by a judge, it must be served by showing the original 16. Civ. Pro. order, and delivering a copy thereof. Service of the order, 7 Disc. 389, on a corporation, may be made as prescribed in this act, for 390.
making personal service of a summons upon a corporation. Copies of the papers, upon which the order was granted, must be delivered with the copy of the order.
SECURITY. : 511. Security, on staying pro- 2 617. W.; damages to include ceetings in an action, be
waste. fore trial
618. Deposit may be dipensed 612. Id.; after trial, and before
619. Undertaking and deposit; *13. Id.; after judgment.
when dispensed with. 64. Money deposited may be 620. Security in other cases. paid over.
621. Special cases excepted. 615. Undertaking to be can- 6:23. Damages; how ascertained. pelled thereupon.
624. Damages sustained by a 616, Security, on staying pro
king. $ 611. An injunction order shall not be granted, to stay 7 Misc. 389, je trial of an action, in which the complaint demands judg. 390. ment for a sum of money only, after issue has been joined Iberein, unless the party applying therefor gives an undertaking to the party enjoined, with sufficient sureties, to the effect, that he will pay to the party enjoined, or his repreventative, all damages and costs, which may be recovered by him in the action stayed by the injunction, not exceeding a sum, specified in the undertaking; and, also, all damages and (ints that may be awarded to him, in the action in which the injunction order is granted.
$ 612. An injunction order shall be not granted, to stay proceedings in an action specitied in the last section, after verdet, report, or decision, and before final judgment thereupon, unless a sum of money, sufficient to cover the sum awarded by the verdiet, report, or decision, and the costs of the action, is Ent paid, by the party appaying for the injunction into the curt, in ich his action is commenced, or an undertaking for the payment thereof, with interest, is given, as prescribed in this article.
$ 613. (Amd 1877.) An injunction order shall not be 7 Week.Dig granted, to stay proceedings upon a judgment for a sum of 225. money, unless the following requisites are complied with, by 66 How. Pr.
75. the party applying therefor : 151 N. Y. 332,
11 Civ. Pro. 1. The full amount of the judgment, including interest and
310. crisis, must be paid by him, into the court in which his action i commenced'; or an undertaking in lieu thereof must be ren, as prescribed in this article.
2. He must also give an undertaking, with sufficient sure63. to pay to the party enjoined, all damages and costs, which may be awarded to him by the court, in the action in which the injunction order is granted; not exceeding a sum, pecified in the undertaking,
3 614. Money paid into court, as prescribed in the last two sertions, may be paid over, by the direction of the court, to the party whose proceedings are stayed, upon his giving an undertaking to the people of the State, with sufficient sureties, in a sum fixed by the court, to pay the money and interest, or any part thereof, as directed in the order or judgment of the Court.
$ 615. Where money so paid into court has been paid fer to the party whose proceedings are stayed, if the final decision of the action, in which the injunction order is granted, is against the party obtaining it, the court must give such di
rections, as justice requires, with respect to cancelling the un. dertaking given by the successful party; inaking perpetual the injunction staying collection of the judgment; and requiring the judgment to be discharged of record.
$ 616. An injunction order shall not be granted, to stay proceedings in an action of ejectment, or for dower, after verdict, report, or decision, unless the party applying therefor gives an undertaking, with sufficient sureties, to pay t) the party enjoined, or his representative, all damages and costs, not exceeding a sum specified in the undertaking, which may be awarded to him, in the action wherein the injunction was granted.
$ 617. Where an undertaking is given, as prescribed in the last section, the damages to be paid, upon the vacating of the injunction order, or the decision of the action against the party obtaining it, include, not only the reasonable rents and profits of the real property, recovered by the verdict, report, or decision, but all waste committed upon the property, after
the granting of the injunction. 22 Week.
$ 618. In a case, where money is required by the foreDig. 448.
going sections of this article, to be paid into court, the court or judge may dispense with the payment, and may require the party to give, in lieu thereof, an undertaking, with two or more sureties, to pay the sum specified, with interest, as directed by the court. If an undertaking is required, in addition to the deposit, both undertakings may be contained in the same instrument, at the election of the party applying for the injunction.
$ 619. The foregoing sections of this article do not apply to a case, where an injunction order is applied for, to stay proceedings in another action, on the ground that a judgment, verdict, report, or decision therein was obtained by actual fraud. In ihat case, the court or judge granting the injunetion order may dispense with the deposit of money, or the execution of an undertaking, except as prescribed in the next section.
$ 620. [Am'd 1877.) Where special provision is not other. 11 Civ. Pro. wise made by law for the security to be given upon an injunc310.
tion order, the party applying therefor must give an under9 App. Div. taking, executed by him, or by one or more sureties, as the 256.
court or judge directs, to the effect, that the plaintiff will pay to the party enjoined, such damages, not exceeding a sum, specified in the undertaking, as he may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto.
$ 621. The foregoing provisions of this article do not affect any special statutory provision, whereby security upon granting an injunction order may be dispensed with, in a particular case, or the security to be given in a particular case is otherwise regulated.
$ 622. [Repealed 1877.] 81 Hun, 309. $ 623. [And 1877.) The damages, sustained by reason
of an injunction, may be ascertained and deterinined by the court, or by a referee, appointed by the court, or by a writ of inquiry or otherwise, as the court shall direct; and the decision of the court thereupon, or an order contirming the report of the referee, is conclusive, as to the amount of idose damages,