1152 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

etition or continuance of the wrongful act or breach of contract
complained of, or the committal or injury of a like kind arising
out of the same contract, or relating to the same property or
right; and judgment may be given that such writ may be granted,
or denied by the court upon such terms as to the duration of the
writ, keeping an account, giving security, or otherwise, as to such
court may seem reasonable and just.

1888, ch. 456.

127. A judgment for the issue, or refusing the issue of any of
the writs referred to in any of the ten foregoing sections, shall be
subject to the same right of appeal as other final judgments, but
the operation of the writs, when issued, shall only be stayed on
appeal when the court issuing the same shall, in its discretion,
pass an order directing such stay; which order shall be condi-
tioned upon the appellant giving bond, with penalty therein fixed,
to answer for all costs and damages caused by such stay if such
appeal be not prosecuted with effect.

Ibid.

128. Nothing contained in the foregoing sections shall be
taken as in any manner modifying or impairing the jurisdiction
of the courts of common law, as now established, in regard to the
issue of the writ of mandamus, or of the court of chancery in
matters of injunction.

III.
PROCESS.

P. G. L., (1860,) art. 75, sec. 84. 1796, ch. 43, sec. 9. 1801, ch. 74, sec. 11.
1852, ch. 76, sec. 1. 1884, ch. 128.

129. In all civil suits or actions in the circuit courts where
capias ad respondendum formerly issued, a writ of summons
shall be issued for the defendant, in which shall be stated the
purpose for which he is summoned; and the said summons shall
be returnable on the first day of the term next after issuing
the same; and the sheriff of any county from which the writ of
summons for any defendant or defendants may be issued by the
circuit court for any such county, or the sheriff of the city of