614

PROCEEDINGS IN EQUITY. [ART. 65.

directed, until such decree or order shall be fully performed and
executed, according to the tenor and true meaning thereof, and the
contempt cleared; but, where the decree only directs the payment
of money, no defendant shall be imprisoned, and process of commis-
sion of rebellion and sergeant-at-arms are abolished.

INJUNCTION.

1876, c 224
Violation of
injunction, how
punished
27 Md 36.

74. If any person against whom an injunction has been issued,
shall violate the same after service thereof, or shall permit, or con-
nive at the violation thereof by any other person, the court on
notice of such violation may issue attachment of contempt against
such person, and if on proof the party be adjudged guilty of the
contempt, he may be fined or imprisoned, or both, in the discretion
of the court.

Art 16, B 52
Damages, how
ascertained.

75. If the violation complained of, be waste after injunction to
stay waste, the court shall ascertain the damage done by the waste,
by affidavit, or such other proof, as the court may judge necessary,
and may fine the defendant to the extent of double the damage done
and so ascertained, and if the violation be the transfer of moneys,
property, or choses in action, after injunction forbidding such
transfer, in addition to the attachment against the defendant a
summons shall go for the assignee, if he be known, and if it appear

Assignee sum-
moned, and
when required
to surrender
the property

that such assignee had knowledge of such injunction, at the time
of accepting the transfer, or possession of property, or choses in
action, he shall be held in contempt, and no title shall be deemed
to have 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.

Id s 53
Party innocent
of violation

76. 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.

Id s 54
1793, c 75, s 3
Court to pre-
scribe penalty
of injunction
bond by exec-
utor.

77. Whenever an application shall be made by an executor or
administrator 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 injunction shall be granted, and the condition of
such bond shall be, to perform such order or decree as the court