Page images
PDF
EPUB

Discharge of prisoners un der Insolvent

any Debtors' Act,

S. 16. The discharge of any prisoner under

act for the relief of insolvent debtors to 10 extend to extend to all process from courts of equity for contempt in contempt for nonpayment of money, or of costs, ,

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.

not paying money,

and to costs in

, subject to taxation.

Where the

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, cleared, ex. and he has not paid the costs of the contempt, costs thereof, or the insolvent has fully answered the plaintiff's 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.

Section 16.

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 Chancellor, the Lord Keeper, or Commissioners Chancellor to of the Great Seal, and to the Master of the by the Lord

Keeper. 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

Courts of Equity may at any time discharge

mitted for contempt, except as to the costs.

after be in prison under any commitment or attachment from the Courts of Chancery or Exchequer, the Court by which such commit

ment shall have been directed, or out of which persons com- such attachment shall have issued, shall (upon

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

Jurisdiction, &c.
As to the Act 2 & 3 Will. 4, c. 33, intituled,

" An Act to effectuate the Service of Process is-
suing from the Courts of Chancery and Exche-
quer in England and Ireland respectively."

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 subpænas, 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

Kingdom aad

Man.

S. 1 enacts, that it shall be lawful for the Court may Courts of Chancery and of Exchequer in Eng- of subpæna, land respectively, if they shall so think fit, upon subsequent special motion of the complainant or com- defendants in plainants in any suit which hath been or shall the United 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 subpænas, letter missive or letters missive, and

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.

Copy of prayer of bill

with subpæna &c.

S. 3. Along with such subpoena 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

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

« PreviousContinue »