after be in prison under any commitment or attachment from the Courts of Chancery or Exchequer, the Court by which such commitment shall have been directed, or out of which persons com such attachment shall have issued, shall (upon Courts of Equity may at any time discharge mitted for contempt, except as to the costs. the application of the persons or person, against whom such commitment or attachment hath been directed or issued) have the power, if it shall so think fit, to discharge such persons or person from their, his, or her contempt, except as to the costs thereof, for which costs they, he, or she shall remain in custody; and such costs shall be deemed within the provisions of such last mentioned Act, and they, he, or she shall charged from be discharged therefrom and from the process of contempt, in like manner as in such Act is provided in cases of process of contempt for nonpayment of money or costs. How pri soners dis their costs. Service of Process on Persons out of the As to the Act 2 & 3 Will. 4, c. 33, intituled, By this and the next Act important discretionary powers are vested in Courts of equity, for the purpose of enabling plaintiffs to proceed in suits notwithstanding the defendant or defendants may be residing out of the jurisdiction, those Courts being authorized to order that service of subpoenas, or letters missive, on such defendants in any part of Great Britain and Ireland, and in the Isle of Man, respectively, shall be deemed good service. The first of these Acts was confined to suits relating to lands, tenements, or hereditaments in England or Wales; but the second extends these powers to suits relating to charges or incumbrances on such lands, &c. and to money in the government or other public stocks, or shares in public companies, and to defendants residing in any place out of the United Kingdom and Ireland. order service &c. and all process on com- defendants in any part of shall the United Kingdom aud Man. S. 1 enacts, that it shall be lawful for the Court may Courts of Chancery and of Exchequer in Eng- of subpoena, land respectively, if they shall so think fit, upon subsequent special motion of the complainant or plainants in any suit which hath been or be instituted in such Courts respectively con- the Isle of cerning lands, or tenements, or hereditaments, situate or being within that part of the united kingdom called England or Wales, to order and direct that service in any part of the united kingdom of Great Britain and Ireland and in the Isle of Man respectively, of any subpoena or subpoenas, letter missive or letters missive, and Copy of prayer of bill with subpoena &c. of all subsequent process to be had thereon, upon any defendant or defendants in such suit then residing in such part of the said united kingdom or Isle of Man in which he, she, or they shall be so served, shall be deemed good service of, or be made, upon such defendant or defendants, upon such terms, and in such manner and at such time, as to such Courts respectively shall seem reasonable; and that thereupon it shall and may be lawful for such Courts respectively to proceed upon such service, so made as aforesaid, as fully and as effectually as if the same had been duly made within the jurisdiction of such Courts respectively. S. 2. Similar powers given to Courts of Chancery and Exchequer in Ireland. S. 3. Along with such subpœna or letter misto be served sive, served under any such order as aforesaid of the said Courts of Chancery and of Exchequer of England and Ireland respectively, a copy of the prayer of such complainant's bill to be served upon every such defendant; and no process of contempt to be entered upon any such proceedings as therein before mentioned, nor any decree made absolute in any of the said Courts in England or Ireland respectively, without the special order of such Court, upon special motion made for such purpose: but that nothing in the Act to be held to make it compulsory upon the complainant or complainants in any suit in any of the said respective Courts to serve with process, or bring before such Courts respectively any party or parties, person or persons, further or otherwise than such complainant or complainants were then by law or the practice of such Courts respectively required to do (a). As to 4 & 5 Will. 4, c. 82, intituled, "An Act to His present Majesty, to effectuate the Service of sions in 2 & 3 extended to ing any &c. By s. 1, it is enacted that all the provisions The provi contained in the Act 2 & 3 Will. 4, c. 33, relat- Will. 4, c. 33, ing to suits instituted in the said Courts respec- suits concerntively concerning lands, tenements, or heredita- charge, lien, ments situate in England, or Wales, or in Ireland respectively, shall be extended and applied to all suits instituted in the said Courts respectively concerning any charge, lien, judgment, or incumbrance thereon, or concerning any money vested in any government or other public stock, or public (a) For the decisions upon this and the next statute see tit. "SUBPŒNA," pp. 113, 114, ante. And to de shares in public companies or concerns, or concerning the dividends or produce thereof; and the provisions in the said Act, authorising the said Courts respectively to direct that the service in any part of the united kingdom of Great Britain, or Ireland, or the Isle of Man respectively, of any subpoena or subpoenas, letter mismissive or letters missive, and of all subsequent process to be had thereon, upon any defendant or defendants in such suit then residing in such parts of the united kingdom, or the Isle of Man, in which he, she, or they shall be served, shall be deemed good service of, or be made upon, such defendant or defendants, upon such terms, and in such manner, and at such time as to such Courts respectively shall seem reasonable, and that thereupon it shall and may lawful for such Courts respectively to proceed upon such service as fully and effectually as if the same had been duly made within the jurisdiction of such Courts respectively, shall be and they were thereby extended to any defendant or defendants in any such suit or suits as thereinbefore mentioned, who shall appear by affidavit to be resident in any place, specifying the same, out of the united kingdom of Great Britain and Ireland; and that it shall and may be lawful for the said Courts respectively, on motion in open Court, of any of the complainants in any such suit, founded upon an affidavit fendants resi dent in any place out of the jurisdic tion. be |