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By 1830, ch. 185, no appeal allowed from a decree unless it be final ;
and all orders and decrees passed in this cause to be open, in the appellate
court as if appealed upon, within nine months, and no execution of any
decree for sale of real or personal property to be suspended unless an
appeal be entered and filed among the proceedings and bond be given.
By 1819, ch. 144, sec. 4, where the chancellor, &c. shall decree or order
or direct any sum of money to be paid out of any fund or proceeds thereof,
arising from any proceeding or decree in the court, any person who shall
deem himself aggrieved, may within three months after such decree or
order, file a petition, praying an appeal from the decree or order to the court
of appeals, and the same shall be allowed, and thereupon a copy of the pro-
ceedings, or such part thereof as may be necessary to set forth and exhibit
the true point in controversy shall be transmitted to the court of appeals, Sec.
See preceding notes.
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After
injunction,
&c. attach
ment may
be ordered,
&c.
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SEC. 28. And be it enacted. That in all cases of injunction
hereafter to be issued by order of the chancellor to stay waste,
if the person or persons against whom the said injunction shall
be issued, and upon whom it shall be served, shall, at any time
after the service thereof, do or commit, or with his, her or their
privity, consent or direction, suffer or permit to be done or com-
mitted, any waste or destruction of or upon the premises, or any
part thereof, contrary to the tenor and import of the said injunc-
tion, and the prohibition therein contained, upon aflidavit, or
other proof, of such waste or destruction made, and the chan-
cellor, upon consideration of the case, and the circumstances of
landed property in this country, shall be of the opinion that
waste hath really been committed, he shall and may, upon
motion, order attachment of contempt against the person or per-
sons charged with disobeying and committing a breach of the
said injunction ; and the said person or persons so offending
being in court upon the said attachment or otherwise, and not
making it appear to the satisfaction of the court that no waste
or destruction hath been done or committed as aforesaid, since
the service of the injunction, shall and may, by order of the
chancellor, if he shall see cause, and in his discretion, upon
motion, stand committed, and be kept in close custody until the
further order of the chancery court therein, and the chancellor
shall and may, either before or after commitment, or attachment
issued, as aforesaid, upon motion, issue a commission to five
discreet and sensible persons, not interested in the dispute, or
connected with either of the parties, and residing as near as
may be to the place where such waste may be committed,
directing and empowering them, or any three or more of them,
upon their oaths, to inquire of the said waste, if any hath been
done or committed, and of the damage done by such waste, and
the value of the thing wasted or destroyed ; and upon a return
of the said commissioners, or any three or more of them, ascer-
taining the waste or destruction, and value of the same, the
chancellor shall and may, upon motion, order the said person
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