How Returned.] If the writ is returnable on a given day, the sheriff may, after that day, be called upon to return it. If returnable "immediately," he may be called upon to return it on the fifth day after it is lodged with him. For this purpose an order is obtained either upon motion or petition as of course, and is drawn up in the ordinary way (see poste "Motions.") A copy of the order is served upon the under-sheriff, and if by the time therein limited he neglects to return the writ, upon an affidavit of service of the order (see form p. 12, Appendix,) the plaintiff moves on notice for an order to make the sheriff personally responsible for the consequences, which will be granted with costs. If the sheriff makes his return, it is indorsed on the back of the writ, and is signed by him.

There are three ways in which the sheriff may return the writ; 1st. If he takes the defendant and accepts bail, he returns, "I have attached the within-named (A. B.) as within I am commanded, whose body I have ready." 2nd. If he arrests the defendant and sends him to prison, or finding him in custody detains him, he returns, "I have attached the within-named (A. B.) as within I am commanded, whose body remains in Her Majesty's gaol for my county of under my custody." 3rd. If he is unable to find the defendant, he returns non est inventus. As the subsequent proceedings founded on the sheriff's return are different in each of the above cases, it will be necessary to treat of them separately.

1st. If the sheriff returns that he has attached the defendant, whose body he has ready, the next step is to bring him to the bar of the Court to answer his contempt. For this purpose a brief is given to counsel, To move that the messenger attending the Court may apprehend the defendant and bring him to the bar of the Court to answer his contempt.' This is a motion as of course, and the order is granted upon production of the attachment as returned by the sheriff. If the messenger is apprised of the motion, he usually draws up the order

and obtains the warrant for the defendant's apprehension, which he executes by bringing the defendant to the bar of the Court. The messenger is only ordered in those cases where the sheriff takes bail of the defendant, but not when the defendant is in actual custody. The messenger is entitled to 6s. 8d. per day, and 6d. per mile for his travelling expences.

By the 1 Will. IV., c. 36, sec. 15, rule 5, it is enacted, that where the defendant is in custody of the sergeantat-arms, or of the messenger upon an attachment or other process, the plaintiff shall, within ten days after his being taken into such custody, or if the last of such ten days shall happen out of Term, then within the first four days of the next ensuing Term, cause the defendant to be brought to the bar of the Court; and in default, the defendant will be entitled to be discharged out of custody, without payment of costs.

Upon the defendant being brought into Court, the plaintiff moves that he may be turned over to the Queen's Prison* until he shall clear his contempt, which will be ordered accordingly, and thereupon a sequestration issues (Holme v. Cardwell, 3 Madd. 114), see poste "Sequestration." If the attachment, however, is for want of answer, the plaintiff moves for a habeas corpus to bring the defendant into Court, in order to take the bill pro confesso, as hereinafter directed, (see poste "Bill pro confesso.")

If the messenger is unable to find the defendant, upon his return thereof, the plaintiff is entitled to move as of course for a sergeant-at-arms, as hereinafter directed.

2ndly. If the sheriff returns that he has attached the defendant and sent him to prison, or detained him in custody, instead of moving for a messenger, the plaintiff moves for a habeas corpus cum causis, to bring the de

Formerly all persons committed from the Court of Chancery for contempt, were handed over to the custody of the warden of the Fleet Prison; by the recent Act, 5 and 6 Vict. c. 22, whereby the Fleet and Marshalsea Prisons are abolished, such persons are in future to be committed to the Queen's Bench Prison, which is henceforth to be called the " Queen's Prison."

fendant into Court, and upon the defendant being brought up, the Court on motion will order him to be turned over to the Queen's Prison, and thereupon a sequestration will be ordered. If the attachment, however, is for want of answer, the defendant is again brought up by habeas corpus, and the Court will thereupon order the bill to be taken pro confesso (see poste," Bill pro confesso.") The bill will not be ordered to be taken pro confesso until the return of the second habeas (Bilton v. Bennett, 4 Sim. 17).

By 1 Will. IV., c. 36, sec. 15, rule 5, it is enacted, that if the defendant, under process of contempt for not appearing or not answering, be in actual custody, and shall not have been sooner brought to the bar of the Court under process to answer his contempt, the plaintiff, if the contempt be not sooner cleared, shall bring the defendant by an habeas corpus to the bar of the Court within 30 days from the time of his being actually in custody, or detained (being already in custody), upon process of contempt, and if the last of such 30 days shall happen out of Term, then within the four first days of the ensuing Term; or in default, the defendant will be entitled to be discharged out of custody, without paying the costs of the contempt. Where a defendant had been discharged out of custody under the above act, the Court. on special application, granted an order for another attachment to issue, unless the defendant should within a fortnight after service of such order on him, put in his answer to the bill (Robey v. Whitewood, 7 Jur. 1075).

3rd. If the sheriff returns non est inventus to the attachment, the next process formerly was the writ of proclamation, which was followed by commission of rebellion. As we have already seen, however, these writs are now abolished; the next step, therefore, is the sergeant

at-arms.

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By the 9th order, 26 August, 1841, however, it is ordered, That upon the sheriff's return non est inventus to an attachment issued against the defendant for not answering the bill, and upon affidavit made, that

due diligence was used to ascertain where such defendant was at the time of issuing such writ, and in endeavouring to apprehend such defendant under the same, and that the person suing forth such writ, verily believed, at the time of suing forth the same, that such defendant was in the county into which such writ was issued, the plaintiff shall be entitled to a writ of sequestration in the same manner, that he is now entitled to such writ, upon the like return made by the sergeant-at-arms."

When the process is for non-performance of a decree or order, the party is entitled, at his option, either to a commission of sequestration in the first instance, or to the sergeant-at-arms and such other process as he hath hitherto been entitled to upon a return non est inventus to a commission of rebellion (11th Order, 11 April, 1842.)

2. Sergeant-at-arms.

This is a prerogative process, and cannot issue without order (Gilb. For. Rom. 81).

How obtained.] The order may be obtained either by motion or petition upon production of the attachment and return, and is drawn up and entered in the usual way (see" Motions"); after which it is handed to the sergeant-at-arms or his deputy, who will thereupon procure the warrant and proceed to execute it.

If the defendant is taken upon this process, he is brought into court by the sergeant-at-arms, and the plaintiff moves that he may be turned over to the Queen's prison, which will be ordered accordingly, and thereupon a sequestration issues. If the process, however, is for want of answer, the defendant is brought up by habeas corpus, and thereupon the bill will be ordered to be taken pro confesso (see poste "Bill pro confesso.")

If the defendant is taken into custody by the sergeantat-arms, the plaintiff must, within ten days after, or, if the last of such ten days shall happen out of term, then within the first four days of the next ensuing term, cause the defendant to be brought to the bar of the Court, or

in default the defendant is entitled to be discharged, without payment of costs (1 Will. IV. c. 36, r. 5.)

If the sergeant-at-arms finds the defendant in custody, he lodges a detainer against him and returns the writ accordingly, after which the defendant is brought up by habeas and turned over to the Queen's prison, and the bill taken pro confesso (see poste "Bill pro confesso.") If the sergeant-at-arms returns non est inventus, the next process is the sequestration.

3. Sequestration.

Nature of.] This is also a prerogative process, and is directed to certain commissioners therein named, empowering them to enter upon the defendant's real estates, and sequester the rents thereof, as also his goods, chattels, and personal estate, and keep the same until the defendant shall clear his contempt. The writ has no

return.

When granted.] This writ will be granted as of course upon a return non est inventus by the sergeantat-arms. When the process is for nonperformance of a decree or order, it will also be granted upon a like return to an attachment (11th Order, 11 April, 1842).

How obtained.] An order for this writ must be obtained previous to its being issued. For this purpose the return of the sergeant-at arms must be filed at the Report office and an office copy obtained, upon which the plaintiff moves as of course for the order, which is drawn up and entered in the usual way (see "Motions"). The return of the sergeant-at-arms must be filed before the motion is made (Floyder v. Nangle, 3 Atk. 569). The order, it would appear, cannot be obtained on petition (Beam. Ord. Ch. 215; Harr. 138.)

How prepared and issued.] Formerly this writ was prepared by the clerk in court, upon your furnishing