Sec. 261. Writs of ne eveat may be granted by any justice of the supreme court in cases where they might be granted by the supreme court; and by any district judge in cases where they might be granted by the district court of which he is a judge. But no writ of ne eveat shall be granted unless a suit in equity is commented, and satisfactory proof is made that the defendant designs quickly to depart from the United States.
Sec. 262. The supreme court and the dis trict courts shall have power to issue writs of scire facias. The supreme court, the cir cuit courts of appeals, and the district courts shall have power to issue all writs not specif ically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.
Sec. 263. Where notice is given of a motion for an injunction in a district court, the court or a judge thereof, if there appears to be danger of irreparable injury from delay, may grant an order restraining the act sought to be enjoined until the decision upon the mo tion. It may be granted with or without security, in the discretion of the' court.
Sec. 264. Writs of injunction may be grant ed by any justice of the supreme court in cases where they might be granted •by the supreme court ; and by any judge of a dis trict court in cases where they might be granted by such court. But no justice of the supreme court shell hear or allow any ap plication for an injunction or restraining or der in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it can not be heard by the dis trict judge of the district. In case of the ab sence from the district of the district judge, or of his disability, any circuit judge of the circuit in which the district is situated may grant an injunction or restraining order in any case pending in the district court, where the same might be granted by the district judge.
Sec. 265. The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to pro ceedings in bankruptcy.
Sec. 266. No interlocutory injunction sus pending or restraining the enforcement, oper ation, or execution of any statute of a state by restraining the action of any officer of such state in the enforcement or execution of such statute, shall be issued or granted by any justice of the supreme court, or by any district court, or by any judge thereof, or by any circuit judge acting as a district judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the supreme court, or to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the supreme court, or a cir cuit judge, and unless a majority of said three judges shall concur. Such application
shall not be heard or determined before at least five days' notice has been given to the governor and to the attorney general of the state, and to such other persons as may be defendants in the suit; provided that if of opinion that irreparable loss or damage would result to the complainant unless a temporary restraining order is granted, any justice of the supreme court, or any circuit or district judge, may grant such temporary re strdining order at any time before such hear ing and determination of the application for interlocutory injunction, but such temporary restraining order shall remain in force only until the hearing and determination of the application for an interlocutory injunction upon notice. The hearing of a motion for an interlocutory injunction shall be given prece dence and shall be in every way expedited. An appeal may be taken direct to the su preme court from the order granting or de nying an interlocutory injunction. It is fur ther provided by the amendment of March 4, 1913, that if, before the final hearing of such application, a suit shall have been brought in a state court to enforce such statute or order, accompanied by a stay in the state court of proceedings under such statute, pending a determination of such suit by such state court, all proceedings in any court of the United States to restrain the execu tion of such statute or order shall be stayed pending the final determination of said suit in the courts of the state. Such stay may be vacated upon proof made after hearing, and notice of ten days served upon the attorney general of the state that the suit in the state court is not being prosecuted with diligence and good faith.