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he shall be able or be advised, and submits his interests to the No. XII. court.
5 & 6 W. 4, 9. That in any case where, upon the application of the plaintiff, the
of this act.
answering, and in actual custody under process for such contempt,
ing, and shall be able to put in his answer without taking an office
poverty to pay for an office copy of the bill.
order to execute any deed or other instrument, or make a surren-
No. XII. 5 & 6 W. 4,
Majesty's reign, have ordered one of the masters to execute any deed or other instrument, surrender, or transfer, for and in the name of such person, in every such case, within ten days after the execution or making of any such deed or other instrument, or surrender or transfer, notice thereof shall be given by the adverse solicitor to the party in whose name the same is executed or made; and such party, as soon as the deed or other instrument, or surrender or transfer, shall be executed, made, levied, or suffered, shall be considered as having cleared his contempt, except as far as regards the payment of the costs of the contempt, and shall be entitled to be discharged therefrom under any of the provisions of this act applicable to his case; and the court shall make such order as shall be just, touching the payment of the costs of or attending
any such deed, surrender, instrument, or transfer. 13. That where a person shall be committed for a contempt in not deli
vering to any person or persons, or depositing in court or elsewhere, as by any order may be directed, books, papers, or any other articles or things, any sequestrator or sequestrators appointed under any commission of sequestration shall have the same power to seize and take such books, papers, writings, or other articles or things, being in the custody or power of the person against whom the sequestration issues, as they would have over his own property; and therenapon such articles or things so seized and taken shall be dealt with by the court as shall be just ; and after such seizure it shall be law. ful for the court, upon the application of the prisoner, or of any other person in the cause or matter, or upon any report to be made in pursuance of this act, to make such order for the discharge of the prisoner, upon such terms, and, if it shall see fit, making any
costs to be costs in the cause, as to the court shall seem proper. 14. That in all cases of contempt, other than and besides those already
provided for, where any person or persons is or are or shall at any time hereafter be in prison under or by reason of any commitment or attachment, the court may, upon any such application as last aforesaid, or upon any such report as aforesaid, make such order for the discharge of the prisoner from the contempt, upon any such terms, and making, if the court shall see fit, any costs to be costs in the cause, as to the court shall seem proper, or except as to the costs, for which costs the prisoner shall remain in custody, but en
titled to the provisions herein-after contained if he be insolvent. 15. That wherever the court shall, upon any such report as aforesaid,
or upon investigation of the case of a prisoner by the court itself, be of opinion that the purposes of justice will not be answered by his remaining any longer in custody, or where it shall appear upon any such report as aforesaid that any person committed for a contempt shall be entitled to his discharge upon applying to the court, but shall omit to make such application, the court may, either with his assent or compulsorily, discharge such person from the contempt and from custody, and pay the costs of the contempt out of any funds belonging to him over which the court may have power, or make them costs in the cause as against him, or may discharge him from the contempt, but leave him in custody for the costs, which may be cleared, if he be insolvent, under the provisions
herein-after contained in that behalf. 16. That where any party obstinately retains possession of lands or other
real property after a writ of execution of a decree or an order for delivery of possession has been duly served and demand of possession made, and upon an affidavit of such service of the writ of execution, and of such demand made thereunder, and a refusal to comply therewith on the part of the person against whom the writ issued, the party issuing it shall be at liberty, upon an affidavit of service of the writ of execution and demand of possession and refusal, to obtain the usual order of course for the writ of assistance
to issue, and that the intermediate writs of attachment and injunc. No. XII. tion further commanding the party to deliver possession, or any 5 & 6 W. 4, other writ, shall be unnecessary.
c. 16. 17. That in order to relieve persons in prison from the expence of
taking affidavits or answers, the lord high chancellor do, by one
in respect thereof be entitled to. 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 noncourt 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 ing the costs of any commitment or attachment from which the party
costs incurred 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 dis
taxation. charge 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. provided that this order or regulation shall not weaken any of the other 5 & 6 W. 4, powers by this act given, nor shall any thing herein contained lessen c. 16.
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 exerby this act to cised as well by such lord chancellor as by (and they are hereby given the court of to) the lord keeper or commissioners of the great seal of Ireland for the chancery to
time being, and to the master of the rolls ; but the reports of the marextend to the
shal of the marshalsea, and of the masters visiting there, shall be made lord keeper and
to the lord chancellor, lord keeper, or lords commissioners only, who master of the rolls.
alone are to make orders thereupon for discharge or relief of prisoners.
XVI. That the rules herein-before directed to be adopted by the Foregoing rules to be
court of chancery shall be adopted by the court of exchequer, which adopted by the
court shall, for the purposes of this act, draw upon the suitors fund of
that court. court of exchequer.
XVII. That the powers and authorities contained in such last-menPowers con
tioned rules, and given by this act to the lord chancellor, shall and may tained in such be exercised in like manner by and are hereby given to his Majesty's rules may be court of exchequer, and may be exercised by the said court, or by the exercised by lord chief baron thereof; but such periodical visits only to be made to the court of the said marshalsea, in regard to prisoners for contempt of the said exchequer. court, as the lord chief baron shall direct, and by such officer or officers
of the court as he shall nominate. Rule for the XVIII. That wherever this act, in describing or referring to any perinterpretation son, or any conveyance, transfer, matter, or thing, uses the word imof this act. porting 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. This act not to XIX. Provided always, that nothing in this act contained shall annul annual provi- or vary the provisions of an act of the seventh year of George the second, sions of 7 G. 2, relating to Ireland, intituled An Act for the Relief of Mortgagees, and (I.)
for making the Process in Courts of Equity more effectual against Mort2 W. 4, c. 33.
yagors who abscond and cannot be served therewith, and against Persons 4 & 5 W. 4,
who being served refuse to appear; and also for better regulating the pay. 4 & 5 W. 4,
ment of the Fees of Attornies and Solicitors; or of an act of the second c. 78.
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
much of an Act passed in the Third and Fourth Years of His present Majesty, as relates to the Amount of the Salary granted to the Clerk of the Crown in Chancery; and to make other Provisions in relation to the said Office.
[31st August 1835.] 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
3 & 4 W. 4,
which have been abolished, the salary of the clerk of the crown in chan- No. XIII. cery 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 grantza to the performance thereof, shall be and the same is hereby repealed;
salary of 8001,
to the clerk of 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 es 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.
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 or 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.
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 ex. allowed 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 No. when the present clerk of the crown was appointed, and shall from time vember 1834,
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 so 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
fees whenever manded and taken by the clerk of the crown in chancery; and such i scale of fees, when so altered and settled, shall be deemed to be the law- they shall think ful fees appertaining and belonging to the office of the clerk of the
it expedient. crown, and shall and may be demanded and taken accordingly; and the wbole 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