Sequestration to be obtained in manner provided by the 5th O. 8-12. 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 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 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 O. 12-15. Chambers, as provided by Statute 15 & 16 Vict. 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 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 com- O. 16-20. mittal 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 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. IV.-Miscellaneous. 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. W.B. O. 21, 22. 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. 22. This order shall come into operation on the 11th day of January, 1870. SCHEDULE. [the sum of £ Upon motion, &c., this Court doth order that the said A.B. do pay to the said , as and for his costs of and incident to this application and this order, and further that the said A.B. for default in payment of the sum of £ mentioned in the said decree [or order] of the day of 18 be committed to prison for the term of six weeks from the date of his arrest, including the day of such date, unless he shall sooner pay the said sum of £ and sheriff's fees for the execution of this order, and the costs hereinbefore directed to be paid [or, and the said sum of £ for costs]. And it is ordered that any sheriff or officer to whom an office copy of this order shall be delivered, after being directed to him by the clerks of records and writs to take the said A.B. for the purpose aforesaid if he be found within his bailiwick. A 2. Upon motion, &c., this Court doth order that the said A.B. of £ by equal instalments on [state times of payment]. And it is ordered that any sheriff or officer to whom an office copy of this order shall be delivered, after being directed to him by the clerks of records and writs, do take the said A.B. for the purpose aforesaid, if he be found within his bailiwick. 18 I certify that A.B., now in the gaol of , upon an order of the High Court of Chancery, dated the day of made in the above cause [or matter] until payhas paid the said sum, together with the for] costs mentioned in the said order ment of £ HATHERLEY, C. G. M. GIFFARD, L.J. Sched. |