APPENDIX——CHANCERY LAWS.
not be found so as to be served personally with the same, it shall
and may be lawful for the chancellor to issue attachment of contempt,
attachment with proclamations, and also sequestration,
against the defendant, until the decree shall be fully performed,
fulfilled and executed, and the contempts cleared, or to order process
of sequestration to issue to compel a performance of the said
decree, by an immediate sequestration of the real and personal estate
and effects of the defendant, or such part thereof as may be
sufficient to satisfy the demand of the plaintiff in the decree specified
and decreed, and to clear the contempts, or to issue fieri facias
against the lands, tenements and hereditaments, goods and chattels,
of the defendant or defendants, upon which sufficient property
shall be taken and sold to satisfy the demand of the plaintiff in the
decree specified, or a capias ad satisfaciendum may be issued against
the defendant or defendants by the chancellor, upon which there
shall be the same proceeding as at law (k), or the chancellor may
cause by injunction the possession of the estate and effects demanded
by the bill or petition, and whereof the possession or a sale is
decreed, to be delivered to the plaintiff, or otherwise, according to
the tenor and import of such decree, and as the nature of the case
may require, and in case of sequestration, the court shall and may
order payment and satisfaction to be made out of the estate and effects
so sequestered, according to the true intent and meaning of
the decree; and in case any defendant shall be arrested and brought
into court upon any process of contempt issued to compel the performance
of any decree of the chancery court, it shall and may be
lawful for the said court, upon motion, to order such defendant to
stand committed, or may order his estate and effects to be sequestered,
and payment made as above directed, or possession of his
estate and effects to be delivered, by injunction, as above directed,
until such decree or order shall be fully performed and executed
according to the tenor and true meaning thereof, and the contempts
cleared; that upon any demurrer or plea being over-ruled upon argument,
or otherwise being withdrawn without leave of the chancery
court, the party whose demurrer or plea is so over-ruled or
withdrawn, shall pay to the opposite party the sum of five pounds
current money, and the costs thereof, and be in contempt until the
said sum of money and costs are fully discharged and paid.
(k) By 1802, ch. 169, any writ of
capias ad satisfaciendum issued out of the
court of chancery, and served on the defendant, may, with the consent of
the
plaintiff and defendant, be entered not called; and such execution may
be renewed,
&c. |
NOV. 1785.
CHAP. 72. |
27. AND BE IT ENACTED, That all appeals from
the decisions,
orders and decrees (l), of the chancery court, in cases where appeals
properly lie, shall be made and entered in the said court
within nine months from the time of making such decisions, orders
and decrees, and not afterwards.
(l) By 1805, ch. 65, s. 10,
appeals from the court of chancery to be made to
the court of appeals for the respective shores, &c.
By 1818, ch. 193, s. 1, appeals from orders of the court
of chancery, &c. as
referred to in this section, are confined to decretal orders; and by section
14, in
cases of appeals from any decree, where proper parties have not been made,
the
court of appeals may either reverse the decree, without prejudice to another
bill,
or award a new trial, &c. |
Appeals when to
be made. |