at-arms, and to such other process as he was formerly entitled to upon a return non est inventus made by the commissioners named in a commission of rebellion issued for the non-performance of a decree or order.

7. Where, by any decree or order, a trustee or person acting in a fiduciary capacity is ordered to pay in a limited time any sum of money in his possession or under his control, or a solicitor is ordered to pay in a limited time costs for misconduct as such solicitor, or to pay in a limited time a sum of money in his character of an officer of the Court, and such trustee, person, or solicitor, after due service of such decree or order, neglects or refuses to pay such money or costs according to the exigency of such decree or order, the person prosecuting such decree or order shall, at the expiration of the time limited thereby for the performance thereof, be entitled at his option either to a commission of sequestration to be obtained in manner provided by the 3rd rule of this order, or (subject nevertheless as mentioned in rule 9) to the remedies to which under the 6th rule of this order he would have been entitled in the case of failure to do some act directed by the decree or order other than payment of money.

8. Where, by any decree or order, a solicitor is ordered to pay costs for misconduct as such solicitor, without a time being limited for such payment, and does not upon. due service of a subpoena for such costs, make such payment, the person to whom such costs are payable shall, immediately upon such default, be entitled, at his option, either to a commission of sequestration to be obtained in manner provided by the 5th rule of this order, or (subject nevertheless as mentioned in the next following rule) to a writ or writs of attachment and such other process as

O. of C.

6-8.

O. of C. 8-11.

has heretofore been applicable in case of non-payment of costs recoverable by subpoena.

9. Any decree or order directing any such trustee person or solicitor as mentioned in the last two preceding rules to make any such payment as in the same rules mentioned, shall state that such payment may be enforced by attachment, and unless the decree or order contains such statement, no attachment shall be issued for enforcing such payment without leave of the court or the judge in chambers, to be applied for by motion or summons, which application may be granted ex parte, upon the Court or judge being satisfied that the case comes within the exceptions contained in the 4th section of "The Debtors Act, 1869," unless the Court or judge thinks fit to require notice of such application to be served.

III.-COMMITTAL TO PRISON, UNDER SECTION 5 OF "THE DEBTORS ACT, 1869."

10. Every application to commit to prison under the 5th section of "The Debtors Act, 1869," shall be made by motion on notice, and the practice applicable to motions to commit for breach of an injunction shall, so far as the same is not inconsistent with the said Act or with anything in these rules, be applicable to such applications.

11. The Court, upon the hearing of any such application, may, if it shall see fit so to do, instead of refusing or granting the application, adjourn the same, and either give leave to adduce further evidence, or direct an inquiry in chambers, as to the means of the person making default, or require the production and oral examination before itself of the person making default, and any persons

who have given evidence against or in support of the application, or of such of them as the Court may think fit, in the same manner as such production and oral examination might be required at the hearing of a cause.

12. In case any such inquiry as aforesaid shall be directed, the general course of proceeding and practice at the judge's chambers, as provided by statute 15 & 16 Victoria, c. 80, and the General Orders of the Court relative thereto, shall apply to all proceedings under such inquiry.

13. The Court, in making an order for committal to prison under the said 5th section, may either make such imprisonment determinable on payment of the whole sum in respect of which the person to be imprisoned is in default, together with such costs as the Court shall think fit, or may order the debt to be paid by such instalments as the Court shall think fit, and make the imprisonment determinable on payment of such costs, and such of the said instalments as the Court shall think fit, and in either of such cases the Court, if it shall think fit, may direct payment of a sum in gross in lieu of taxed costs.

14. No application made under the said 5th section, nor any order made thereon, shall in any manner vary or suspend any of the remedies which the person prosecuting the decree or order which has been disobeyed, would, if no such application had been made, have been entitled to against the property of the person disobeying the same decree or order, but the person prosecuting such decree or order may proceed to avail himself of such remedies without any regard to such application, or to any order made thereon, except so far as by consent, he may, by

R

O. of C. 11-14.

O. of C. 14-17.

such last-mentioned order, be expressly restrained from availing himself of such remedies.

15. Orders of committal may be in the form A. 1, or A. 2, in the schedule hereto, as the case may be, with such variations as the circumstances of the case may require, and an office copy of each such order shall be delivered to the sheriff or other officer required to execute the same. Office copies of any such order may be delivered concurrently to different sheriffs for execution in different counties. Every such office copy as aforesaid shall be indorsed by the clerks of records and writs, with the direction of the sheriff or other officer by whom the same is to be executed. The sheriff and officer shall be entitled to the same fees in respect of an order of committal, as are now payable upon a writ of capias ad satisfaciendum, issued out of her Majesty's Courts of Common Law.

16. The sheriff or other officer to whom an order of committal is directed as aforesaid, shall, within two days after the arrest, indorse upon the office copy of the order delivered to him the true date of such arrest, and return the same so indorsed to the solicitor of the person prosecuting the decree or order, or to such person himself, if he acts in person.

17. Upon payment of the sum or sums in that behalf mentioned in the order of committal, including the sheriff's fees, and the costs or gross sum in lieu of costs made payable by the order, the person committed shall be entitled to a certificate in the form B. in the schedule hereto, or to the like effect, signed by the solicitor of the person prosecuting the decree or order which has been disobeyed, or if such person be acting in person, then

signed by him, and attested by a solicitor or justice of O. of C. 18-21. the peace.

18. In case any order is made under the 5th section of the said Act for payment of a sum of money by instalments, and the person imprisoned shall, after his discharge from prison, neglect or refuse to pay the subsequent instalments, or any of them, the person prosecuting the decree or order for disobedience to which the committal was ordered, shall, in addition to his remedies against the property of the person making default, be entitled to enforce payment of such subsequent instalments by attachment, as in the case of disobedience to an order directing the performance of some act other than payment of money.

19. The general practice of the Court shall, in all cases not provided for by "The Debtors Act, 1869," or these rules, and so far as the same is applicable, and not inconsistent with the said Act or these rules, apply to all proceedings under the 4th and 5th sections of the said Act.

20. The charges to be allowed to solicitors for duties performed in respect of such proceedings as last aforesaid, and the fees of Court in respect of the same proceedings, shall be the same as those allowable and payable in respect of other proceedings of the same nature in the causes or matters in which such proceedings respectively are taken.

21. This order shall be read and construed as part of the General Consolidated Orders of the Court, and the interpretation clause in the same Consolidated General Orders contained shall apply to the rules of this order.