The hearing required under the provisions of section 34 -08-07 must be held only after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought and also to the chief police officer of the county and city within which the unlawful acts have been threatened or committed. If a complainant alleges, however, that unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant's property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order becomes void at the expiration of five days. No temporary restraining order or injunction may be issued except on condition that complainant first shall file an undertaking with adequate security in an amount to be fixed by the court 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, expenses, and a reasonable attorney's fee, incurred in the defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
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