bb FEDERAL REPORTER. �motion for which bas been heretofore served on you, and which motion bas been partially heard, and was referred to John A. Shields, Esq., referee, on the first day of August, 1879." On the hearing thereon the court, on the seventh of February, 1880, made an order as follows, entitled in this cause : "A motion for attachment for contempt having corne on to be heard herein, and ths matter having been referred to John A. Shields, Esq., to take the testimony of and to hear the parties, and to report to the court on the question of infringement, and the said referee having reported that the defendant has used the invention described in the letters patent on which this suit is brought in violation of the in- junction of the court herein since about the second day of July, 1879, and the said referee's report having been pre- sented to this court for confirmation, and Mr. Blalie having been heard for complainant, and Mr. Whitelegge for defend- ant, now, therefore, it is heredy ordered, adjudged, and de- creed that the said report be and it hereby is confirmed.
- * * And it is further ordered, that the further hearing
of this motion on the question of punishment and terms go over until Eriday, February 13, 1880, at the opening of court on that day." On the seventeenth of February, 1880, this court made an order as follows, entitled in this cause : "A motion for attachment for contempt herein having come on for further hearing on the question of punishment or terms on this thirteenth day of February, 1880, and Charles F. Blake, Esq., having been heard for the motion, and J. H. Whitelegge, Esq., opposed, now, therefore, it is hereby or- dered and decreed, that the defendant is adjudged to have committed the contempt alleged, and that he pay, as a fine therefor, the amount of ail costs, charges, and disbursements whatsoever sufiered, borne, or incurred by the complainant by reason of, or on acoount of, the said riiotion, and that the question of the amount of said fine be submitted to this court on afi&davits, and without argument, as follows : The complain- ant to serve his affidavits on the solicitor for the defendant on or before Friday, February 20, 1880 ; that defendant serve his replying alBdavita on counsel for complainant on or ��� �
