NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
the time it may be ordered to be paid to the plaintiff or other person
at whose instance the said amerciament is laid, then, and immediately
thereafter, such plaintiff or other person at whose instance
the said amerciament is laid, or any person representing
such person, may sue the securities of such sheriff, coroner or other
public officer, their heirs, executors or administrators respectively,
upon the office bond given by such sheriff, coroner or other
public officer, and such securities, and their heirs, executors or administrators
respectively, having assets, shall be liable upon such
suits to pay and satisfy such amerciament, or any part thereof
which may remain unsatisfied by such sheriff, coroner or other
public officer; provided always, that if the said sheriff, coroner, or
other public officer or persons, so amerced, shall, at any time before
the said amerciament is made final as aforesaid, bring into
and have in court the body of the person arrested or taken according
to the return of the said first mentioned process or order, the
said sheriff, coroner or other public officer, shall be released and
discharged from the said amerciament upon payment of the costs
incurred, and the fine for contempt.
By 1818, ch. 193, s. 6, the provisions
of the act of 1797, ch. 43, for the speedy
recovery of monies levied or received by sheriffs and collectors, are extended
to
the court of chancery, and the county courts as courts of equity. |
Penalty on sheriff
&c. for neglect,
&c. |
24. AND BE IT ENACTED, That if any sheriff,
coroner or other
public officer, to whose hands any writ, process or order, of the
chancery court, shall come or be delivered, shall refuse, neglect or
delay, to make return thereof, according to the tenor and day of
return of such writ, process or order, the same not being countermanded,
such sheriff, coroner or other public officer, shall be in
contempt, and process of contempt shall, upon motion, be awarded
and issued against him, and before he shall be discharged from
such contempt, he shall pay to the register, as herein before provided,
as a fine for the said contempt, a sum not exceeding ten
pounds current money, to be imposed by the court, and the costs
incurred by means thereof. |
On judgment, &c.
chancellor may
issue attachment,
&c. |
25. AND, to the end that all judgments and
decrees of the court
of chancery, as well those which may pass upon bills or petitions
taken pro confesso, as in all other cases, may be speedily and
effectually
executed and fulfilled, BE IT FURTHER ENACTED, That the
plaintiff having obtained a judgment or decree (i,) and having
served the defendant therein named with an attested copy thereof
under seal, upon affidavit made to the satisfaction of the court of
such service, and the refusal, neglect or delay, of the defendant to
obey, fulfil and perform, the same, or leaving an attested copy under
seal of the said decree at the dwelling-house or last place of
abode of the defendant, and upon affidavit thereof made to the satisfaction
of the court, that the defendant could not or would not
be found, so as to be personally served with such copy of the decree,
or the plaintiff making it appear to the satisfaction of the
court, by affidavit, that reasonable endeavours have been used to
serve the defendant with an attested copy of the decree, and give
him due notice thereof, but that the defendant could not or would
(i) By 1818, ch. 193, s. 4, it shall
not be necessary to make any demand of a
compliance with the decree (as the practice has been,) to entitle the party
obtaining
the decree to process thereon. |
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