may take them, and discharge the 7 Geo. 4, c. rected, 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, s. 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. case of com contempt 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 may such application as last aforesaid, or any such report as aforesaid, make such order for the discharge of the prisoner, discharge the upon prisoner on upon any such terms, and making, if the Court shall see fit, any costs in the cause, as to the Court shall seem proper. such terms as Court may think proper. Court may compulsorily discharge persons committed for contempt. Where persons retain possession of land, &c. after service of writ of execution, or order for delivery, writ of assistance to issue at once. 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 posses- . sion 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 cours 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. to be appoint extraordinary affidavits and answers of prisoners. 20. The Lord Chancellor to nominate Keepers of and appoint the warden, keeper, or other their deputies 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, 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 prisoners un Debtors' Act, process for not paying to costs in Discharge of S. 16. The discharge of any prisoner under der Insolvent any act for the relief of insolvent debtors to to extend to extend to all process from courts of equity for contempt in contempt for nonpayment of money, or of costs, money, and charges, or expenses, as well as to the costs curred by cre- of contempt, or on purging the same, and to all costs incurred by the creditor before the filing of the prisoner's schedule, in any action, or suit, brought by such creditor against such prisoner for the recovery of his debt. ditors, but subject to taxation. Where the process of for the non S. 17. Where the process of contempt is for contempt is the nonperformance of an Act, e. g. the not anperformance swering the plaintiff's bill, and the bill to which and the con- the insolvent is a party is taken pro confesso, and he has not paid the costs of the contempt, costs thereof, or the insolvent has fully answered the plaintiff's of an Act, tempt is cleared, ex cept as to the such costs to within the Section 16. be deemed bill, or interrogatories, or otherwise cleared his provisions of contempt, except 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 application discharge him from the same, except as to the costs thereof, and such costs to be deemed within the provisions contained in the last section. Powers given by the Act to the Lord S. 18. The powers given by the Act to the Court of Chancery to be exercised by the Lord be executed Keeper. Chancellor, the Lord Keeper, or Commissioners Chancellor to of the Great Seal, and to the Master of the by the Lord Rolls and Vice-Chancellor respectively; but the reports of the Warden of the Fleet, and of the Masters visiting there, to be made to the Lord Chancellor, Lord Keeper, or Lords Commissioners only, who alone are to make orders thereupon for the discharge or relief of prisoners. S. 19 & 20. The Rules from 5 to 20, both inclusive, to be adopted by the Court of Exchequer. As to the 2 Will. 4, c. 58, intituled, "An Act to extend the Provisions of an Act passed in the First Year of the Reign of His present Majesty, for altering and amending the Law regarding Commitments by Courts of Equity for contempt, and the taking Bills pro confesso, and to explain certain Parts thereof." This Act was passed for the purpose of extending the provisions of the 11 Geo. 4 & 1 Will. 4, c. 36, to all cases where persons are committed for contempt, and enacts, that in all cases of contempt other than and besides those provided for by the last mentioned Act, where any person or persons are, or is, or shall at any time here |