NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
and decrees thereof, as the chancellor may direct, and the parties
require to be directed or delivered to such messenger, to be by him
served, executed or carried into effect; and the said messenger so
nominated and appointed is hereby, upon his being qualified according
to law, and taking an oath well and truly to observe, perform
and fulfil the office of messenger to the chancery court according
to law, and the best of his understanding, fully authorised, empowered
and commanded, to serve, execute, obey and carry into effect,
all and every the process, orders and decrees, of the chancery
court, of every nature and kind, and in every and any part of the
state which may be, by the order of the chancellor, and the request
of the parties, directed or delivered to the said messenger, to be
by him served, executed or carried into effect, and to make true
and faithful returns of such process and orders, according to the
tenor and import of the same, hereby giving also to the said messenger
full power and authority to summon and call in aid, if need
be, the power of the county, for the purpose of serving, executing,
obeying and carrying into effect, the process and orders of the
said court; and the chancellor may at any time discharge the said
messenger from his office aforesaid, or upon his death, or 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 parties, a special messenger for
the purpose of serving, executing and carrying into effect, any
particular process, order or decree of the said court; and the said
special messenger, upon being qualified according 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 shillings 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 attachment 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; of fieri facias, or capias ad
satisfaciendum, may issue as aforesaid for such fees. |