ing, 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, the 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. § 595. Rights, etc., of sheriff who is liable as bail. Where the sheriff is liable as bail, he has all the 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. See § 599. § 596. Bail; how proceeded against. In case of failure to comply with the undertaking, the bail may be proceeded against by action, and not otherwise. An action may be brought, as prescribed in the last section, in a case where the order of arrest could be 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 possession of the chattel, with respect to which the order of arrest was granted. In any other case, an 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 defendant, must have been issued to the same sheriff, and by him returned, not less than fifteen days after its receipt, to the effect that the defendant could not be found within his county. From 2 R. S. 382, Part 3, ch. 6, tit. 6, § 31. (2 Edm. 397.) § 598. Duty of sheriff on such execution. The sheriff must diligently endeavor to enforce an execution issued and delivered to him, as prescribed in the last section, notwithstanding any direction he may receive from the plaintiff or his attorney. From Id., § 32. Am'd by ch. 416 of 1877. § 599. Defenses in action against bail. In an action against bail, it is a defence, that an execution, against the property, or against the person, of the defendant in the original action, was not issued, as prescribed in section five hundred and ninetyseven 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. Relief of bail where principal is imprisoned on criminal charge. If the defendant in the original action, after his discharge upon bail is imprisoned, either within or without the State, upon a criminal charge, or a conviction of a criminal offence, the court, in which an action against the bail is pending, may, before the expiration of the time to answer, and upon notice to the adverse party, make such an order for the relief of the bail, as justice requires. From ch. 231 of 1845, § 4. (4 Edm. 554.) § 601. Bail exonerated by death, etc. 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, by an order, made upon notice to the adrerse 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. From 2 R. S. 380, Part 3, ch. 6, tit. 6, §§ 16 and 34; ch. 231 of 1845; Co. Proc. 191. Am'd by ch. 416 of 1877. TITLE II. Injunction. ARTICLE 1. Cases where an injunction may be granted; granting and service of an injunction order. 2. Security. 3. Vacating or modifying an injunction order. ARTICLE FIRST. Cases where an Injunction may be granted; granting and Service of an Injunction Order. SEC. 602. Writ of injunction abolished, and order substituted. 603. Injunction, when the right thereto depends upon the nature of the action. 604. Id.; when the right thereto depends upon extrinsic facts. 605. Restrictions upon injunction to restrain State officers. 606. By whom injunction granted in other cases. 607. Proof necessary to procure injunction. 608. At what time the order may be granted. 609. When notice required or not required. Injunction pending an appli cation. 610. Order must recite grounds; service of order. § 602, Writ of injunction abolished, and order substituted. The writ of injunction has been abolished. A temporary injunction may be granted by order, as prescribed in this article. From Co. Proc. § 218. § 603. Injunction, when the right thereto depends upon the nature of the action. Where it appears, from the complaint, that the plaintiff demands, and is entitled to a judgment against the defendant, restraining the commission or continuance of an act, the commission or continuance of which, during the pendency of the action, would produce injury to the plaintiff, an injunction order may be granted to restrain it. The case, provided for in this section, is described in this act, as a case where the right to an injunction depends upon the nature of the action. From Co. Proc. 219. § 604. Id.; when the right thereto depends upon extrinsic facts. In either of the following cases, an 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. 2. Where it appears, by affidavit, that the defendant, during the pendency of the action, threatens, or is about to 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. From Co. Proc. § 219. Am'd by ch. 416 of 1877. § 605. Restrictions upon injunction to restrain State officers. Where a duty is imposed by statute upon a State officer, or board of State officers, an injunction order to restrain him or them, or a person employed by him or them, from the performance of that duty, or to prevent the execution 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 restrained. From ch. 488 of 1851, § 1 and part of § 2. § 606. By whom injunction granted in other cases. Except where it is otherwise specially prescribed by law, an injunction order may be granted by the court in which the action is brought, or by a judge thereof, or by any county judge; and where it is granted by a judge, it may be enforced as the order of the court. From Co. Proc. § 218. § 607. Proof necessary to procure injunction. 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. From Co. Proc. § 220. Am'd by ch. 416 of 1877. § 608. At what time the order may be granted. The order may be granted to accompany the summons, or at any time after the commencement of the action, and before final judgment. From Co. Proc. 220. Am'd by ch. 416 of 1877. § 609. When notice required or not required. Injunction pending an application. 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. From Co. Proc. §§ 221 and 223. Am'd by ch. 416 of 1877. § 610. Order must recite grounds; service of order. The injunction order must briefly recite the grounds for the injunction. Where it is granted by the court, it must be served by delivering a certified copy thereof; where it is granted by a judge, it must be served by showing the original order, and delivering a copy thereof. Service of the order, upon a corporation, may be made as prescribed in |