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not executing deed, &c.

order Master to execute same,

directed by any decree or order to execute Persons in any deed or other instrument, or make a surrender or transfer, or to levy a fine cover may or suffer a recovery, and shall have refused or neglected to do so, 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, the Court may, upon motion or petition, and upon affidavit that such person has after the expiration of two calendar months from the time of his being committed under, or charged with, or detained under such process, again refused to execute such deed or instrument, or make such surrender or transfer, or levy or suffer such fine or recovery, order or appoint one of the Masters in ordinary, or if the act is to be done out of London, then, if necessary,

one of the Masters extraordinary, to execute such deed or other instrument, or to make such surrender or transfer for and in the name of such person, and to levy such fine or suffer such recovery in his name, and to do all acts necessary to give validity and operation to such fine and recovery, and to lead or declare the uses thereof; and the execution of the said

deed or other instrument, and the surrender or transfer made by the said Master, and the fine or recovery levied or suffered by him, shall in all respects have the same force and validity as if the same had been executed or made, levied or suffered by the party himself, and within ten days after the execution or making of any such deed or other instrument, or surrender, or transfer, or levying or suffering such fine or recovery, 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, transfer, fine or recovery shall be executed, made, levied, or suffered, shall be considered as having cleared his contempt, except 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, transfer, fine or recovery.

16. Where a person shall be committed for a contempt in not delivering to any person or persons, or depositing in Court or elsewhere, as by any order may be di

Where per

son committed for con. tempt in not delivering or depositing papers, &c.

discharge the

7 Geo. 4, c.

Tected, books, papers, or any other articles sequestrators or things, any sequestrator or sequestrators, possession of appointed under any commission of seques- Court may tration, shall have the same power to seize prisoner. and take such books, papers, writings, or 57, 8. 50. 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 thereupon such articles or things so seized and taken shall be dealt with by the Court as shall be just, and after such seizure it may, 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, make such order for the discharge of the prisoner upon such terms, and, if it shall see fit, making any costs in the cause, as to the Court shall seem proper.

17. In any other case of a commit- In any other ment for contempt, not herein specially mitment for provided for, the Court may, upon any Court inay, such application as last aforesaid, or upon prisoner on any such report as aforesaid, make such Court may order for the discharge of the prisoner, upon any such terms, and making, if the Court shall see fit, any costs in the cause, as to the Court shall seem proper.

think proper.

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18. Where a person committed for a contempt shall be entitled to his discharge upon applying to the Court, but shall omit to make any such application, the Court may upon any such report as aforesaid, 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 hereinafter contained in that behalf.

19. 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 cou is

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extraordinary

afidavits and ,answers of

for the writ of assistance to issue, and that the intermediate writs of attachment and injunction, further commanding the party to deliver possession, or any other writ, shall be unnecessary.

20. The Lord Chancellor to nominate Keepers of and appoint the warden, keeper, or other their depnties chief officer of every prison within the city ed "Masters of London or the bills of mortality, and for taking their deputies, to be Masters extraordinary,

prisoners. for the purpose of taking and receiving the affidavits and answers of any person or persons within any such prison, and the person so taking such affidavit or answer shall in respect thereof be entitled to receive a fee of one shilling, and no more; and the Court of Exchequer shall in like manner appoint such persons as aforesaid a commissioner or commissioners of the said court, for the purposes aforesaid, and no others, and with the right to the like fee, and no more; and in every case of an answer being sworn in prison, a clerk of a master or baron (as the case may require) shall attend to take and carry back to and from the prison the answer, and shall in respect thereof be entitled to a fee of three shillings and no

more.

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