he shall be able or be advised, and submits his interests to the court. 9. That in any case where, upon the application of the plaintiff, the court shall be satisfied that justice cannot be done to the plaintiff without an answer to the bill or to the interrogatories from the defendant himself, it shall be lawful for the court to order the defendant to remain in custody until answer or further order, but without prejudice to the plaintiff's availing himself of any of the provisions of this act. 10. That where the defendant is in contempt for not appearing or not answering, and in actual custody under process for such contempt, or being already in custody shall be detained by an attachment for such contempt, and shall not, where the contempt is for not appearing, enter an appearance within twenty-one days after he is lodged in gaol or prison, or the attachment is lodged against him, (he being already in prison,) as the case may be, or, where the contempt is for not answering, put in an answer within two calendar months after he is lodged in gaol or prison, or the attachment is lodged against him, he being already in prison, the plaintiff shall (as the case may be), within fourteen days after the period computed from the expiration of such twenty-one days within which he may by the provisions of this act be able to enter such appearance, cause an appearance to be entered for the defendant under the powers of this act, and shall at the expiration of such two calendar months proceed to take the bill pro confesso, and shall accordingly obtain an order for taking the same pro confesso within six weeks after the period computed from the expiration of such two calendar months within which he may be able to take the same pro confesso; or in default of so doing in either of such cases the defendant shall, upon application to the court, be entitled to be discharged out of custody without paying any of the costs of the contempt, unless the court shall, under the power herein-before contained, see good cause to remand and detain the defendant in custody; and this rule shall apply to every defendant in custody before and at the time of the passing of this act who shall not have entered his appearance, and for whom an appearance shall not have been entered, or shall not have answered the bill, and the bill shall not have been taken pro confesso, but the twenty-one days and two calendar months respectively to be reckoned from the first day of next term, and the other periods to be altered accordingly in computation; but nothing in this act shall prevent any plaintiff from proceeding to take his bill pro confesso, according to the practice existing before the passing of this act, without prejudice to the right of the defendant to be discharged if not effected within the time hereinbefore limited. 11. That where a defendant is in custody for a contempt in not answering, and shall be able to put in his answer without taking an office copy of the bill, he shall not be compellable to take any such copy, but the proper officer may (if he think the defendant is of sufficient ability to pay for an office copy, and an office copy ought by the practice of the court to be taken out,) require him, before the answer is filed, to make an affidavit denying his ability in consequence of poverty to pay for an office copy of the bill. 12. That when any person shall have been directed by any decree or order to execute any deed or other instrument, or make a surrender or transfer, and shall have refused or neglected to execute such deed or instrument, or to make such surrender or transfer, and shall have been committed to prison under process for such contempt, or, being confined in prison for any other cause, shall have been charged with or detained under process for such contempt, and shall remain in such prison, and the court shall, under the powers of an act passed in the fourth and fifth years of his present No. XII. 5 & 6 W. 4, c. 16. No. XII. 5 & 6 W. 4, c. 16. Majesty's reign, have ordered one of the masters to execute any 13. That where a person shall be committed for a contempt in not deli- 16. That where any party obstinately retains possession of lands or other Class XXV.] Courts of Equity. to issue, and that the intermediate writs of attachment and injunc- 17. That in order to relieve persons in prison from the expence of 671 No. XII. 5 & 6 W. 4, c. 16. taxation. XIII. That the discharge of any prisoner adjudicated upon under the Discharge may authority of any act now in force for the relief of insolvent debtors in extend to proIreland, or any act which may hereafter be passed for the relief of insol- cess for convent debtors, shall and may extend to all process issuing from any tempt in noncosts incurred court of equity for any contempt of such court for nonpayment of rent payment of or money, or of costs, charges, or expences in any such court, includ- money, and to subject to ing the costs of any commitment or attachment from which the party shall have been discharged so far as regards the contempt, but shall by creditor, but have been left liable to the costs; and that in such case the said discharge shall be deemed to extend to all costs which such prisoner shall be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every discharge, so adjudicated as aforesaid, as to any debt or damages of any creditor of such prisoner, shall be deemed to extend also to all costs incurred by such creditor, before the filing of such prisoner's schedule, in any action or suit brought by such creditor against such prisoner for the purpose, for the recovery of the same; and that all persons as to whose demands for any such costs, money, or expences any such person shall be so adjudged to be discharged, shall be deemed and taken to be creditors of such prisoner in respect thereof, and entitled to the benefits of all the provisions made for creditors by the said act or any future act, subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise, and to such examination thereof as is in the said last-mentioned act or as shall be in any future act provided in respect of all claim to a dividend of such insolvent's estate and effects. XIV. That where the process of contempt is for the nonperformance When process of an act, for example, the not answering a plaintiff's bill, and the bill of contempt is in equity to which the insolvent is a party is taken pro confesso, and he for nonperhas not paid the costs of the contempt, or the insolvent has fully an- formance of swered the plaintiff's bill or interrogatories, or otherwise cleared his an act. contempt except as far as regards the payment of the costs, or it has become in event unnecessary for him to do the act for the nonperformance of which he was committed or attached, the court of equity in which the suit is depending shall, upon the application of the party in contempt, discharge him from the same, except as to the costs thereof for which he shall remain in custody, and such costs shall be deemed within the provision lastly herein-before contained, and he shall be dischargable therefrom, and from the process of contempt, in like manner as if the process of contempt were for nonpayment of money or costs; No. XII. 5 & 6 W. 4, c. 16. by this act to the court of chancery to provided that this order or regulation shall not weaken any of the other powers by this act given, nor shall any thing herein contained lessen the operation of the said act for the relief of insolvent debtors. XV. That the powers and authorities given by this act to the court of Powers given chancery, or to the lord chancellor of Ireland, shall and may be exercised as well by such lord chancellor as by (and they are hereby given to) the lord keeper or commissioners of the great seal of Ireland for the time being, and to the master of the rolls; but the reports of the marshal of the marshalsea, and of the masters visiting there, shall be made to the lord chancellor, lord keeper, or lords commissioners only, who alone are to make orders thereupon for discharge or relief of prisoners. extend to the lord keeper and master of the rolls. Foregoing rules to be adopted by the court of exchequer. Powers con tained in such rules may be exercised by the court of exchequer. Rule for the interpretation of this act. This act not to 2 W. 4, c. 33. 4 & 5 W. 4, XVI. That the rules herein-before directed to be adopted by the court of chancery shall be adopted by the court of exchequer, which court shall, for the purposes of this act, draw upon the suitors fund of that court. XVII. That the powers and authorities contained in such last-mentioned rules, and given by this act to the lord chancellor, shall and may be exercised in like manner by and are hereby given to his Majesty's court of exchequer, and may be exercised by the said court, or by the lord chief baron thereof; but such periodical visits only to be made to the said marshalsea, in regard to prisoners for contempt of the said court, as the lord chief baron shall direct, and by such officer or officers of the court as he shall nominate. XVIII. That wherever this act, in describing or referring to any person, or any conveyance, transfer, matter, or thing, uses the word importing the singular number or the masculine gender only, the same shall be understood to include and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and several conveyances, transfers, matters, or things respectively, as well as one conveyance, transfer, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction. XIX. Provided always, that nothing in this act contained shall annul or vary the provisions of an act of the seventh year of George the second, relating to Ireland, intituled An Act for the Relief of Mortgagees, and for making the Process in Courts of Equity more effectual against Mortgagors who abscond and cannot be served therewith, and against Persons who being served refuse to appear; and also for better regulating the payment of the Fees of Attornies and Solicitors; or of an act of the second year of his present Majesty, intituled An Act to effectuate the service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively; or of an act of the fourth and fifth of his present Majesty, intituled An Act to amend and extend an Act of the second year of his present Majesty, to effectuate the Service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland; or of an act of the fourth and fifth years of his present Majesty, intituled An Act for the Amendment of the Proceedings and Practice of the High Court of Chancery in Ireland; or any of them, except so far as they are inconsistent with any of the provisions of this act. [No. XIII.] 5 & 6 W. IV. c. 47.-An Act to repeal so 3 & 4 W. 4, WHEREAS by an act passed in the third and fourth years of the reign of his present Majesty, intituled An Act to provide for the Performance of the Duties of certain Offices connected with the Court of Chancery c. 84. No. XIII. c. 47. which have been abolished, the salary of the clerk of the crown in chancery was fixed at eight hundred pounds per annum, in full satisfaction 5 & 6 W. 4, for the duties of the said office, and of all expences incident to the performance thereof: And whereas the expences of the said office vary, and in some years may be so great as to leave a very inadequate sum for the salary of the clerk of the crown; and it is expedient to make provision for securing to that officer a proper remuneration for the responsible duties performed by him, and for the payment of the reasonable and necessary expences of his offices: Be it therefore enacted, &c., That so much of the said recited act by which the yearly salary of eight Repealing so hundred pounds is granted to the clerk of the crown in chancery, in full much of recited satisfaction for the duties of the said office, and of all expences incident act as grants a to the performance thereof, shall be and the same is hereby repealed; salary of 8001. and instead and in lieu thereof there shall be paid to the said clerk of the crown, and the crown for the time being the yearly salary of five hundred pounds, granting a free and clear from all deductions on account of the expences incident clear salary of to the performance of the duties of the said office; and the said salary of 5001. in lieu five hundred pounds shall be issued and payable out of and be charged thereof. and chargeable upon the same fund as the before-mentioned yearly salary of eight hundred pounds was directed to be issued out of and made chargeable upon by the said recited act. to the clerk of II. That it shall be lawful for the lord high treasurer, or any three or The treasury more of the commissioners of his Majesty's treasury, for the time being, may allow the and he and they is and are hereby required, by warrant under his or their expences of the hands, to allow to the said clerk of the crown, for his clerks, and for office of the the other incidental and necessary expences of his office, such sum per clerk of the annum as he or they shall deem reasonable and proper; and the sum crown, and diso allowed as aforesaid shall be paid and payable out of and be charged rect the same and chargeable upon the fees and emoluments taken and received in to be paid out the office of the said clerk of the crown; and the residue only of the said fees and emoluments, after payment of the said expences, shall be paid and payable into the receipt of his Majesty's exchequer, and be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland, any thing in the said recited act to the contrary notwithstanding. of the fees. III. Provided always, that it shall be lawful for the said lord high Treasury may treasurer, or any three or more of the commissioners of his Majesty's vary the allowtreasury, from time to time to reduce or increase the amount to be ance for exallowed to the said clerk of the crown for such expences of his office as pences. occasion may be or require. IV. That the said yearly salary of five hundred pounds hereby granted Salary and sum to the clerk of the crown in chancery, together with such annual sum allowed for exas shall be allowed by the said lord high treasurer or commissioners of pences to comhis Majesty's treasury for the clerks and other incidental expences of mence and be the said office as aforesaid, shall commence on and be payable from the payable from fifteenth day of November one thousand eight hundred and thirty-four, the 15th November 1834, when the present clerk of the crown was appointed, and shall from time and be paid to time be paid and payable, charged and chargeable quarterly on the thirty-first day of March, the thirtieth day of June, the thirtieth day of quarterly. September, and the thirty-first day of December in each year. V. That it shall and may be lawful for the lord high treasurer, or any The treasury three or more of the commissioners of his Majesty's treasury, together and the lord with the lord chancellor, or the lord keeper, or lords commissioners for chancellor may the custody of the great seal of Great Britian, whenever it shall appear alter and vary to them expedient so to do, to alter and vary the scale of fees to be de- the scale of manded and taken by the clerk of the crown in chancery; and such fees whenever scale of fees, when so altered and settled, shall be deemed to be the law- they shall think it expedient. ful fees appertaining and belonging to the office of the clerk of the crown, and shall and may be demanded and taken accordingly; and the whole of the fees and emoluments which have been received by the Fees to be acpresent clerk of the crown since the date of his appointment, and which counted for as may hereafter be received in the said office, shall be accounted for by the treasury X X may direct. |