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Session Laws, 1935
Volume 579, Page 1198   View pdf image (33K)
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1198 LAWS OF MARYLAND. [CH. 574

PROVIDED, HOWEVER, that

If a complainant shall also allege that unless a temporary
restraining order shall be issued before such hearing may
be had, a substantial and irreparable injury to complain-
ant's property will be unavoidable, such a temporary
restraining order may be granted upon the expiration of
such reasonable notice of application thereof as the court
may direct by order to show cause, but in no case less
than forty-eight (48) hours.

Such order to show cause shall be served upon such party
or parties as are sought to be restrained and as shall be
specified in said, order, and the restraining order shall
issue only upon testimony, or in the discretion of the Court,
upon affidavits, sufficient, if sustained, to justify the
court in issuing a temporary injunction upon a hearing as
herein provided for. Such a temporary restraining order
shall be effective for no longer than five days, and at the
expiration of said five days shall become void and not
subject to renewal or extension, provided, however, that
if the hearing for a temporary injunction shall have been
begun before the expiration of the said five days the
restraining order may in the court's discretion be continued
until a decision is reached upon the issuance of the tem-
porary injunction.

No temporary restraining order or temporary injunction
shall be issued except on condition that complainant shall
first file an undertaking with adequate security sufficient
to recompense those enjoined for any loss, expense, or
damage caused by the improvident or erroneous issuance
of such order or injunction, including all reasonable costs
(together with a reasonable attorney's fee) and expenses
against the order or against the granting of any injunctive
relief sought in the same proceeding and subsequently
denied by the court.

The undertaking herein mentioned shall be understood
to signify an agreement entered into by the complainant
and the surety upon which a decree may be rendered in the
same suit or proceeding against said complainant and
surety, submitting themselves to the jurisdiction of the
court for that purpose. But nothing herein contained shall
deprive any party having a claim or cause of action under
or upon such undertaking from electing to pursue his
ordinary remedy by suit at law or in equity.

71. No restraining order or injunctive relief shall be
granted to any complainant who has failed to comply with
any obligation imposed by law which is involved in the

 

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Session Laws, 1935
Volume 579, Page 1198   View pdf image (33K)
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