TIMII/30 10 2240084

of the costs of the contempt, and shall be entitled to be discharged therefrom under any of the provisions of the act applicable to his case.

Where a defendant is decreed or ordered to deliver up to the plaintiff the possession of land or other real property, the decree or order must be personally served on the defendant, and, at the same time, a demand of possession made; and if it be refused, then, on an affidavit of the service and of the demand and refusal, a writ of assistance will be ordered to issue. This writ is directed to the sheriff, who, by virtue of it, will put the plaintiff into the possession of the land, &c.

༄་་ ་་༔

1)

To compel the execution of a decree by a corporation, a distringas is the first process, and then a sequestration.

Where, under a sequestration, the sequestrators seize property which any person (a mortgagee, for instance) lays claim to, he must not proceed at law to recover it from the sequestrators, but must present a petition to the Court of Chancery to be examined pro interesse suo, and the inquiry as to whether he has the right he claims, takes place in the Court of Chancery; and it is a general rule that, for any act done in the execution of its process, the Court of Chancery will not allow the party to be sued at law, but will itself inquire into the matter, and set it right by restoring any thing in dispute to the party claiming, on being satisfied that the claim is well founded, or in some cases by awarding him damages for a wrong done to him.

It is necessary that a solicitor should be aware that all process of contempt must be diligently used, for if not, the party issuing it might get into considerable difficulty: for instance, if on an attachment returned non est inventus, other subsequent steps in the process of contempt be taken, and it should afterwards appear that if due diligence had been used the party might have been taken on the attachment, the Court might order all the subsequent pro

PROCESS OF CONTEMPT.

177

o plump ad faile bqs Jquotgros odt to et‐09 ceedings s to be set aside, and the party at whose suit they took place, to pay the costs of them; in every step of the process of contempt, therefore, exertions should be made to have it executed effectually.

If any process of contempt have issued against any party, he must, if in custody upon it, remain so, or if not in custody, he must remain liable to be taken until he has purged his contempt; this is done by performance of the act for the non-performance of which he was in contempt, and by paying or tendering the costs of the process of contempt; these costs are, in the more ordinary cases, a fixed sum; the costs of an attachment issued, but not executed, are 11s. 2d.; if it have been executed, 13s. 8d. The costs of an attachment with proclamations not executed, 12s. 11d., if it have been exeuted, 158. 5d. ; and the costs of a commission of rebellion, 27. 1s. 4d. When a defendant, who is in custody, has purged his contempt, he is entitled to an order for his discharge in those cases where the other party does not, by consenting to it, render the application for the order unnecessary.

CHAPTER X.

MISCELLANEOUS MATTERS AND PROCEEDINGS.

ENFORCING APPEARANCE by Defendant who is out of the Jurisdiction-by Defendant who has absconded.-SERVING COPY BILL on Defendant-Effect thereof and Proceedings thereon.-TAKING BILL PRO CONFESSO-In what Cases Proceedings to take Bill pro Confesso, where Defendant in Custody -Decree-Proceedings in the Case of Peers and Members of Parliament-Corporations-Proceedings to take Bill pro Confesso where Defendant in Custody of the Warden of the Fleet-Where in any other Custody-Within what Time the Proceedings to take Bill pro Confesso must be taken-Consequence of their not being taken in TimeHow to proceed to take Bill pro Confesso against a Defendant who absconds-Subsequent Proceedings in the CaseAs to Decree on Bill taken pro Confesso.-SECURITY FOR COSTS-In what Cases Defendant entitled to-How waived -How Order for, obtained-How proceeded on-How Security given-In what Amount-How Proceedings taken against the Sureties.-ELECTION TO PROCEED-In what Case Plaintiff put to his Election in which of two Suits he will proceed-When Defendant may take the necessary Proceedings-Order to Elect and Proceedings thereon-Special Election-Mortgagee not put to Election-Mode of staying Proceedings where several Suits in Chancery for the same Thing.-DISTRINGAS to restrain Transfer or Sale of StockEffect of, and how obtained.-EXAMINATION PRO INTERESSE SUO-In what Cases resorted to.-PROCEEDINGS IN FORMA PAUPERIS-Order for, how obtained-Effect of OrderMotion to dispauper a Party-Costs of Proceedings in Formá Pauperis.-INFANT, GUARDIAN, AND MAINTENANCE-In what Cases Application for Guardian and Maintenance usually made-How made in a Suit-How if no Suit be pendingIn what Cases Order will be made without instituting a Suit -In what Cases a Reference to the Master will be orderedPetition for Appointment of Guardian and MaintenanceProceedings before Master-Report-How confirmed, &c.

Application for increased Maintenance-As to Maintenance allowed when Infant's Father alive-Mode of appealing against the Master's Decision.-PAYING MONEY IN AND OUT OF COURT-How Money paid in-Investment of itAnd of Accumulations-As to Transfer of Stock into the Name of Accountant-General-How Money received out of Court-Power of Attorney to receive it-In case of small Sums-Proceedings where Money payable to a Married Woman-Examination of her by Commissioners-How conducted-Order for Payment of the Money-As to Annuitants, &c. entitled to Dividends-Transfer of Stock out of Court-Where a Married Woman entitled to it.-OF SOLICITORS-their Bills-their Retainer.-COSTS.

WHERE a defendant in any suit is out of the jurisdiction of the Court, the Court upon application supported by such evidence as shall satisfy the Court in what place or country the defendant is or may probably be found, may order that the subpoena to appear, or to appear to and answer the bill, may be served on such defendant in such place or country, or within such limits as the Court thinks fit to direct; such order is to limit a time (depending on the place or country within which the subpoena is to be served) after service of the subpoena within which such defendant is to appear to the bill, and also (if an answer be required) a time within which such defendant is to plead, answer, or demur, or obtain from the Court further time to make his defence to the bill.

At the time when the subpoena is served, the plaintiff must also cause the defendant to be served with a copy of the bill and a copy of the order giving the plaintiff leave to serve the subpoena. And if upon the expiration of the time for appearing, it appears to the satisfaction of the Court that the defendant was duly served with the subpoena, and with a copy of the bill, and a copy of the order, the Court may upon the application of the plaintiff, order an appearance to be entered for the defendant. The affidavits for the purpose of proving the service must state when, where, how, and by whom it was effected. If it is made to appear to the Court by sufficient

R

evidence that any defendant against whom a subpoena to appear, or to appear and answer, a bill has issued, has been within the jurisdiction of the Court at some time not more than two years before the subpoena was issued, and that he is beyond the seas, or that upon inquiry at his usual place of abode (if he had any) or at any other place or places where at the time when the subpoena was issued he might probably have been met with, he could not be found so as to be served with process, and that in either case there is just ground to believe that he is gone out of the realm, or otherwise absconded, to avoid being served with process, the Court may order that such defendant do appear at a certain day named in the order, and a copy of the order, together with a notice, may within fourteen days after the making of the order be ininserted in the London Gazette, and be otherwise published as the Court directs; and in case the defendant does not appear within the time limited by the order, or within such further time as the Court appoints, then, on proof of such publication, the Court may order an appearance to be entered for the defendant on the application of the plaintiff. The notice which is to be published, together with the order, is in the following form:-Notice. "A B. take notice, that if you do not appear pursuant to the above order, the plaintiff may enter an appearance for you, and the Court may afterwards grant to the plaintiff such relief as he may appear to be entitled to on his own showing."

It was frequently necessary to make persons defendants to a suit who from having some interest connected with the subject matter were necessary parties, and yet against whom nothing was prayed by the bill, the only object of making them parties being that they might be bound by the proceedings, so that the plaintiff might not be liable to have those proceedings called in question afterwards; it was necessary that such defendants should be compelled to appear and