Payment over of Money.]— PART IV. CHAP. VIII. "All moneys coming into the hands of the high bailiff shall be paid over by him to the registrar to the credit of the suit or proceeding in Order XXI. which the same was so received by him within twenty-four hours after he shall have received the same" (ă). Rule 4. Payment over of money. Rule 3. §2.-EXECUTION TO ENFORCE PAYMENT OF MONEY. "Where any decree or order is made for the payment of money into Order XVI. court or by one party to another, the registrar shall, after the expiration warrant of of the time, if any, appointed by the decree or order for the payment f. fa. thereof, and after the expiration of the time limited by this order, upon application by the person having the conduct of the suit, or by the payee, issue to the bailiff of the court a writ of fieri facias as a warrant of execution, as provided by sect. 94 (e) of 9 & 10 Vict. c. 95" (ƒ). Warrant of Execution on a Decree or Order of the Court for the Payment of Money (g). day of Whereas on the 187 this court did, in the matter of this suit, decree [or order] that A. B. [or C. D.] should pay to C. D. [or A. B.] [or should pay into court] the sum of : And whereas a copy of such decree [or order] was duly served upon A. B. [or C. D., as the case may be:] And whereas the said A. B. [or C. D.] has not paid the said sum of money according to the said decree [or order]: These are, therefore, to require and order you forthwith to make a levy, by distress and sale of the goods and chattels of the said A. B. [or C. D.], wheresoever they may be found within the district of this court (excepting the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount directed to be paid by the said decree [or order], including the costs of this execution, and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money, of A. B. [or C. D.] which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same, and to pay what you shall have so levied to the registrar of this court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the court, this To the high bailiff of the said court, and others the bailiffs thereof. Amount ordered to be paid Costs. Total amount to be levied . (d) County Court Orders and Rules in Equity, 1868, Order XXI. Rule 4. (e) See ante, Vol. I. p. 74. day of 187 Registrar. Rules in Equity, 1868, Order XVI. (g) County Court Forms in Equity, PART IV. CHAP. VIII. § 3.-EXECUTION TO ENFORCE DELIVERY OF LANDS OR GOODS. "Where a decree or order made in any suit or proceeding for the deOrder XVI. livery up to any person of lands or tenements, goods or chattels, either as owner thereof, or to be sold, or to be held in possession until an order is made as to the disposition thereof, the registrar shall, upon the application of the person entitled to such possession, issue to the bailiff either a warrant of possession, or warrant of assistance, as the case may require" (h). Rule 4. Warrant of possession or assistance. Order XXI. Possession. "Where a warrant shall direct the high bailiff to take possession of, without selling or delivering to a party, any goods or chattels, he shall make or cause to be made an inventory or appraisement of the goods or chattels which he may take into his possession, and may, upon receiving as a deposit the amount of such appraisement or sufficient security, to be approved by the registrar, for the safe custody, and for the delivery up of possession upon request, of such goods and chattels, relinquish the possession thereof, on condition that the same shall be re-delivered to him or held to abide the order of the court" (¿). Warrant of Assistance (k). day of Whereas, according to the tenor and true meaning of a decree [or an order] bearing date the 187 made in the matter of this suit, the said defendant C. D. was ordered to deliver up possession to A. B. in the said order named of all that, &c. [as in order]: And whereas a copy of such decree [or order] was duly served upon the said C. D., yet nevertheless he the said C. D., and other ill-disposed persons, his accomplices, have refused to pay obedience thereto, and detain and keep the possession of the said house [or tenement and premises]: These are, therefore, to authorize and require you to forthwith enter into and upon the said messuage [or tenement and premises], and that you do remove, eject and expel the said C. D., his tenants, servants and accomplices, each and every of them, out of and from the said messuage [or tenement and premises], and every part and parcel thereof, and that you do place and put the said A. B. and his assigns into the full, peaceable and quiet possession thereof, and defend and keep him and his said assigns in such peaceable and quiet possession when and as often as any interruption may or shall from time to time be given or offered to them or any of them, according to the true intent and meaning of the said order; and herein you are not in any wise to fail. Given under the seal of the court, this day of 187 By the court, Registrar. To the high bailiff of the said court, Whereas on the Warrant of Possession (1). day of 187 this court did in the matter of this suit, decree [or order] that you, the high bailiff of this court, (h) County Court Orders and 1868, No. 35. See heading, ante, Rules in Equity, 1868, Order XVI. Rule 4. (i) Id. Order XXI. Rule 9. p. 52. (1) County Court Forms in Equity, 1868, No. 36. See heading, ante, p. 52. PART IV. should [or that A. B. should] take possession of the goods and chattels of E. F. deceased, in the said suit mentioned, and which at the date of CHAP. VIII. the said order were in the possession of the defendant [and sell and convert the same into money or keep and hold the same to abide the further order of the court, as the case may be]. These are therefore by virtue of the said decree [or order] and the statute in such case made and provided to will and require, authorize and empower, you and every one of you to whom this warrant is directed forthwith to enter into and upon the house and houses of the said C. D. and also in all other place or places belonging to the said C. D. where any of the goods or chattels, part of the estate of the said E. F., deceased, are suspected to be; and there to seize all the goods and chattels whatsoever belonging to the estate of the said E. F. deceased. And in case of resistance, or of not having the key or keys of any door, or lock of any premises belonging to the said C. D., where any of the goods or chattels, part of the estate of the said E. F. are suspected to be, you shall break open or cause the same to be broken open, for the better execution of this warrant. Given under the seal of the court this To the high bailiff of the said court, and others the bailiffs thereof. day of 187 § 4.-COMMITTAL FOR CONTEMPt for Neglect to OBEY DECREE OR ORDER. "Where any breach of an order in the nature of an injunction shall have been made, the registrar shall, upon the application by the person having the conduct of the suit, issue to the high bailiff or to such person for service by his attorney, a notice under the seal of the court, requiring the person who shall have been guilty of the breach of the said order to appear at a court, to be held on a day to be named therein, to show cause why he should not be committed for contempt for having disobeyed the said order" (m). him to show cause why he should not be committed. Rule 7. Where a per son neglects to obey a der, notice to "Where any person is required by any decree or order to pay money or do an act within a certain number of days after service of the copy of the decree or order, and such person shall not have paid such money or done such act within the time mentioned therein, the registrar shall, upon application by the person having the conduct of the suit, issue to the high bailiff, or to such person for service by his attorney, a notice under the seal of the court, requiring the person who shall have neglected to obey the decree or order to appear at a court to be held on a day to be named therein, to show cause why he should not be committed for contempt in having neglected to obey such decree or order. Provided committed. always, a party shall not by proceeding under this rule be precluded from enforcing the order by warrant of execution or any other process of the court" (n). (m) County Court Orders and Rules in Equity, 1868, Order XVI. Rule 6. (n) Id. Rule 7. decree or orbe served on him to show cause why he should not be PART IV. "Any person who may be in custody may apply to the registrar for CHAP. VIII. his discharge therefrom, upon giving to the party at whose suit he was Order XXIII. committed notice of his intention so to apply two days previous to his applying" (o). Rule 25. See § 5, post, pp. 107, 108, as to orders of commitment under "The Debtors Act, 1869." Notice of Application for Committal (p). day of Take notice that the plaintiff A. B. will on the 187 apply to this court for an order for your committal to prison for having disobeyed the order of this court made on the day of 187 enjoining and restraining you [or for having neglected to obey the decree or order made on the day of 187 , requiring you] (here set out the mandatory part of the decree or order); and further take notice that you are hereby required to attend the court on the firstmentioned day to show cause why an order for your committal should not be made. Order of Committal for Breach of an Order in the Nature of an Injunction (q). day of Whereas by an order of this court, dated the 187 [here recite the order]: Now, upon the application of the plaintiff, and upon hearing the defendant [or, if the defendant does not appear, reading the affidavit of X. Y, or, where service has been by bailiff, of L. M., a bailiff of this court, or the County Court of holden at showing, or being satisfied on oath, that a copy of the said order and notice of this application have been severally served upon the defendant C. D.], and upon reading the affidavit of, etc. [enter evidence], the court being of opinion, upon consideration of the facts disclosed by the said affidavit [or affidavits], that the said defendant C. D. has been guilty of a contempt of this court by a breach of the said order, doth order that the said defendant C. D. do stand committed to [here insert prison used by the court] for the said contempt. Order for Committal for Neglect to obey Decree or Order (r). day of PART IV. facts disclosed by the said affidavit [or affidavits], that the said defendant C. D. has been guilty of a contempt of this court by neglecting to CHAP. VIII. obey the said decree [or order], doth order that the said defendant C. D. do stand committed to [here insert prison used by the court] for the said contempt. Warrant of Committal (8). To the high bailiff and others the bailiffs of the said court and all peace These are therefore to require you forthwith to arrest and apprehend the defendant C. D., and him safely convey and deliver to the governor or keeper of the [prison used by this court], and you, the said governor or keeper, to receive the defendant C. D. until further orders of this day of Take notice that I intend on the 187 to apply to this court [or the registrar of this court] to discharge me from custody, I being desirous of clearing my contempt. Dated this day of To A. B., plaintiff. Order of Discharge from Custody (u). Upon application made this day of by for the defendant who was committed to prison for contempt by order of this court, dated the day of day of 187 and upon reading the affidavit of the defendant filed the Dated this day of 187 E. F., registrar of the court. § 5.-Order of COMMITMENT on a Judgment-SUMMONS. "The Debtors Act, 1869" (32 & 33 Vict. c. 62), enacts that, with certain exceptions, no person shall be arrested or imprisoned (8) County Court Forms in Equity, 1868, No. 44. See heading, ante, p. 52. 1868, No. 46. See heading, ante, p. 52. (u) Id. No. 47. |