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refusal to act, another in his stead nominate and appoint, who
shall have the same power, and authority; and the chancellor
may nominate and appoint, at the request of the parlies, a spe-
cial messenger for the purpose of serving, executing and carry-
ing into effect, any particular process, order or decree of the said
court; and the said special messenger, upon being qualified ac-
cording to law, shall have the same power and authority, and be
entitled to the same fees, as hereby are given to the standing
messenger herein first mentioned ; and the said messenger shall
have and receive of and from the party or parties against whom
such process, orders, or decrees, shall be made and issued, as a
fee for the performance of his duty therein, the sum of ten shil-
lings current money for serving any process, order or decree, and
a sum, in the discretion of the chancellor, not exceeding one
shilling per mile for every mile he shall travel in going to serve
such process, order or decree, and returning, and also any money
by him paid for ferriages; and if the said fee shall not be paid
upon demand, the said messenger shall have an attach ment of
contempt to compel the payment thereof, against the person or
persons refusing to pay the said fees, who, being brought into
court upon an attachment, shall and may be committed until
the same and the costs are paid to the said messenger, and also
the fine for contempt ; or fieri facias, or capias ad satisfaciendum,
may issue as aforesaid for such fees.
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SEC. 33. And be it enacted. That the chancellor shall have
full power and authority to commit any person or persons in
contempt for not obeying or complying with any rule, order or
decree, of the chancellor, to the custody of the messenger, by
him to be closely confined in the gaol of Anne Arundel county,
or in the gaol of the county of which such person shall be an
inhabitant, or where he may be taken, unless he be the sheriff
of the county, in which case he may be confined in the gaol of
Anne Arundel county, or the gaol of any county adjoining the
county of which he shall be sheriff, until such person or per-
sons respectively be released and discharged by order of the
chancellor.
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May com-
mit persons
in contempt
&c.
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SEC. 34. And be it enacted, That in all cases now depending
in the high court of chancery, as well as in those which may
hereafter be brought into the said court, the chancellor may
make and execute any order or decree in pursuance of the
power and authority herein and hereby conferred; provided,
nothing herein contained shall be taken or construed to deprive
any person of the liberty of appeal from any decree made by
the chancellor in the premises.
This act is made permanent by 1798, ch. 71.
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And make
any order,
&c.
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