|
WILLIAM SMALLWOOD, Esq; Governor.
shall be made and entered in the said court within nine months from
the
time fo making such decisions, orders and decrees, and not afterwards. |
1785.
CHAP.
LXXII |
XXX. 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 committed, any waste or destruction of or upon the premises, or any
part thereof, contrary to the tenor or import of the said injunction, and
the prohibition therein contained, upon affidavit, or other proof, of such
waste or destruction made, and the chancellor, upon consideration of the
case, and the circumstances of landed property in his country, shall be
of opinion that waste hath really been committed, he shall and may,
upon motion, order attachment of contempt against the person or persons
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 sid commissioners, or any three or
more of them, ascertaining the waste or destruction, and value of the
same, the chancellor shall and may, upon motion, order the said person
or persons so having committed the said waste or destruction, being in
court, upon an attachment of contempt or otherwise, to stand or remain
committed, and kept in close custody until the double of the value of the
damage found by commissioners as aforesaid, and costs, are fully paid
and satisfied to the person or persons suing forth such injunction,
and the
fine for the contempt, or the chancellor may issue fieri facias, or capias
ad satisfaciendum, as aforesaid, to compel payment of double the value
of the damages aforesaid, and costs; and as often as any further waste
or
destruction shall be done or committed, contrary to the said injunction,
the same proceeding and remedy shall and may be had against the person
or persons having done or committed the same; and each commissioner as
aforesaid appointed shall, before he acts as such, take an oath before
some
justice of the peace, well and truly to execute the said commission, without
fear, favour, partiality or prejudice, which oath shall be returned
with such commission; and each commissioner shall be allowed fifteen
shillings current money per day for every day's actual service upon such
commission, to be paid by the party against whom the complaint for committing
waste is made, in case it is found by the commissioners as aforesaid,
that any waste or destruction shall have been committed; and if no
waste or destruction shall be found to have been committed, then to be
paid
by the party making complaint, and payment of the said allowance to the
commissioners as aforesaid may be compelled by order of the chancellor,
and process for disobedience to such order as in other cases. |
After injunction,
if waste
is committed,
chancellor
may order attachment
of
contempt, &c. |
XXXI. And be
it enacted, That in case any mortgage hath been made, and
the person making the same, or his heir, devisee or alience, shall be a
British |
On mortgage
by a British
subject, bill
may be filed,
&c. |
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