CHANCERY. 467
passed to him; and he may be required to surrender to the court, on its
order, the property, money, or choses in action, of which he has become
possessed; but if the purchaser, taker or assignee, be innocent of contempt,
his title, if otherwise good, shall be protected; and the court shall take
proof of the value of such property, money, or choses in action, disposed
of, or assigned; and the fine in all cases provided for in this section shall
remain to the credit of the cause in which the injunction issued, and in the
event of final judgment in favor of the party injured, so much thereof as
the court may adjudge shall go to him, and the remainder go as other fines
do; and the court may imprison for non-compliance with their order to
pay such fine, and may issue execution, in the name of the State, for its
collection.
See notes to sec. 81.
An. Code, sec. 80. 1904, sec. 76. 1888, sec. 65. 1785, ch. 72, sec. 28. 1876, ch. 224.
83. If any person under attachment for violating an injunction shall
establish his innocence of the charge, he shall be discharged with his costs,
which shall be paid by the party complaining.
An. Code, sec. 81. 1904, sec. 77. 1888, sec. 66. 1793, ch. 75, sec. 3.
84. Whenever an application shall be made by an executor or admin-
istrator for an injunction to stay proceedings at law, the court may, in
its discretion, prescribe the penalty of a bond, which shall be executed to
the plaintiff at law, with security approved by the court, before the injunc-
tion shall be granted, and the condition of such bond shall be to perform
such order or decree as the court shall finally pass in the cause on the hear-
ing of both parties; and whenever an injunction is obtained by an executor
or administrator, on filing a bill and executing a bond as aforesaid, the
court shall have full power and discretion to decree against such executor
or administrator, as equity and good conscience shall seem to require.
Pending a caveat to the will of a deceased vendor, the administrator pendente
lite is at least a proper party to a bill for specific performance, uot because he is
authorized under this section to convey the real estate, but because he receives the
purchase money if the contract is enforced. Warfield v. Valentine, 130 Md. 594.
Cited but not construed in Russell v. Parley, 105 U. S. 433...
See notes to art. 66, sec. 18.
An. Code, sec. 82. 1904, sec. 78. 1888, sec. 67. 1799, ch. 79, sec. 10.
85. In all cases where a sheriff, or other officer, is prevented by an
injunction from selling personal property taken in execution, he shall
deliver back the property taken in execution to the party from whom it
was taken, and shall not be answerable to the plaintiff at law on account of
the same.
This section has no application where the sale has been consummated before the
injunction issued. Dail v. Traverse, 8 Gill, 45.
This section is limited to personal property. This section does not impair the
sheriff's right to poundage fees. Cape Sable Company's Case, 3 Bl. 637.
The acts of Maryland regulating injunction and other chancery proceedings are
of no force in relation to the courts of the United States. Boyle v. Zacharie, 6
Pet. 648.
Cited but not construed in Coombs v. Jordan, 3 Bl. 325.
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