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make a Surrender or Transfer, and shall have refused or neglected to execute such Deed or Instrument, or to make such Surrender or Transfer, and shall have been committed to Prison under Process for such Contempt, or, being confined in Prison for any other Cause, shall have been charged with or detained under Process for such Contempt, and shall remain in such Prison, and the Court shall, under the Powers of an Act passed in the Fourth and Fifth Years of His present Majesty's Reign, have ordered one of the Masters to execute any Deed or other Instrument, Surrender or Transfer, for and in the Name of such Person, in every such Case, within Ten Days after the Execution or making of any such Deed or other Instrument, or Surrender or Transfer, Notice thereof shall be given by the adverse Solicitor to the Party in whose Name the same is executed or made; and such Party, as soon as the Deed or other Instrument, or Surrender or Transfer, shall be executed, made, levied, or suffered, shall be considered as having cleared his Contempt, except as far as regards the Payment of the Costs of the Contempt, and shall be entitled to be discharged therefrom under any of the Provisions of this Act applicable to his Case; and the Court shall make such Order as shall be just touching the Payment of the Costs of or attending any such Deed, Surrender, Instrument, or Transfer.

13. That where a Person shall be committed for a Contempt in not delivering to any Person or Persons, or depositing in Court or elsewhere, as by any Order may be directed, Books, Papers, or any other Articles or Things, any Sequestrator or Sequestrators appointed under any Commission of Sequestration shall have the same Power to seize and take such Books, Papers, Writings, or other Articles or Things, being in the Custody or Power of the Person against whom the Sequestration issues, as they would have over his own Property, and thereupon such Articles or Things so seized and taken shall be dealt with by the Court as shall be just; and after such Seizure it shall be lawful for the Court, upon the Application of the Prisoner, or of any other Person in the Cause or Matter, or upon any Report to be made in pursuance of this Act, to make such Order for the Discharge of the Prisoner, upon such Terms, and, if it shall see fit, making any Costs to be Costs in the Cause, as to the Court shall seem proper.

14. That in all Cases of Contempt other than and besides those already provided for, where any Person or Persons is or are or shall at any Time hereafter be in Prison under or by reason of any Commitment or Attachment, the Court may, upon any such Application as last aforesaid, or upon any such Report as aforesaid, make such Order for the Discharge of the Prisoner from the Contempt, upon any such Terms, and making, if the Court shall see fit, any Costs to be Costs in the Cause, as to the Court shall seem proper, or except as to the Costs, for which Costs the Prisoner shall remain in Custody, but entitled to the Provisions herein-after contained if he be insolvent.

15. That

15. That wherever the Court shall, upon any such Report as
aforesaid, or upon Investigation of the Case of a Prisoner
by the Court itself, be of opinion that the Purposes of
Justice will not be answered by his remaining any longer in
Custody, or where it shall appear upon any such Report
as aforesaid that any Person committed for a Contempt shall
be entitled to his Discharge upon applying to the Court,
but shall omit to make such Application, the Court may,
either with his Assent or compulsorily, discharge such Per-
son from the Contempt and from Custody, and pay the Costs
of the Contempt out of any Funds belonging to him over
which the Court may have Power, or make them Costs in
the Cause as against him, or may discharge him from the
Contempt, but leave him in Custody for the Costs, which
may be cleared, if he be insolvent, under the Provisions
herein-after contained in that Behalf.
16. That where any Party obstinately retains Possession of Lands
or other Real Property after a Writ of Execution of a De-
cree or an Order for Delivery of Possession has been duly
served, and Demand of Possession made, and upon an Affi-
davit of such Service of the Writ of Execution, and of such
Demand made thereunder, and a Refusal to comply there-
with on the Part of the Person against whom the Writ
issued, the Party issuing it shall be at liberty, upon an Affi-
davit of Service of the Writ of Execution, and Demand of
Possession, and Refusal, to obtain the usual Order of Course
for the Writ of Assistance to issue, and that the intermediate
Writs of Attachment and Injunction, further commanding the
Party to deliver Possession, or any other Writ, shall be

unnecessary.

17. That in order to relieve Persons in Prison from the Expence of taking Affidavits or Answers, the Lord High Chancellor do, by One or more Commission or Commissions under the Great Seal, upon or in respect of which no Fee shall be payable, nominate and appoint the Marshal, Keeper, or other Chief Officer of every Prison within the City of Dublin, or within Two Miles thereof, and their Deputies, to be Masters Extraordinary of the High Court of Chancery, for the Purpose of taking and receiving such Affidavits and Answers as any Person or Persons within any such Prison shall be willing or desirous to make, and for no other Purpose; and the Person so taking such Affidavit or Answer shall not in respect thereof be entitled to receive any Fee; and the Court of Exchequer shall in like Manner appoint such Persons as aforesaid a Commissioner or Commissioners of the said Court for the Purposes aforesaid, and no others, and without the Right to any Fee; and in every Case of an Answer being sworn in Prison a Clerk of the Deputy Keeper of the Rolls or of the Filazer of the Exchequer (as the Case may require) shall attend to take and carry back to and from the Prison the Answer, and shall in respect thereof be entitled to XIII. And be it enacted, That the Discharge of any Prisoner Discharge may adjudicated upon under the Authority of any Act now in force extend to Pro

D 2

for cess for Con

tempt in Non-
payment of

Money, and to
Costs incurred

subject to Taxation.

for the Relief of Insolvent Debtors in Ireland, or any Act which may hereafter be passed for the Relief of Insolvent Debtors, shall and may extend to all Process issuing from any Court of by Creditor, but Equity for any Contempt of such Court for Nonpayment of Rent or Money, or of Costs, Charges, or Expences in any such Court, including the Costs of any Commitment or Attachment from which the Party shall have been discharged so far as regards the Contempt, but shall have been left liable to the Costs; and that in such Case the said Discharge shall be deemed to extend to all Costs which such Prisoner shall be liable to pay in consequence or by reason of such Contempt, or on purging the same; and that every Discharge, so adjudicated as aforesaid, as to any Debt or Damages of any Creditor of such Prisoner, shall be deemed to extend also to all Costs incurred by such Creditor, before the filing of such Prisoner's Schedule, in any Action or Suit brought by such Creditor against such Prisoner for the Purpose, for the Recovery of the same; and that all Persons as tó whose Demands for any such Costs, Money, or Expences any such Person shall be so adjudged to be discharged, shall be deemed and taken to be Creditors of such Prisoner in respect thereof, and entitled to the Benefits of all the Provisions made for Creditors by the said Act or any future Act, subject nevertheless to such ascertaining of the Amount of the said Demands as may be had by Taxation or otherwise, and to such Examination thereof as is in the said last-mentioned Act or as shall be in any future Act provided in respect of all Claim to a Dividend of such Insolvent's Estate and Effects.

When Process

of Contempt is for Nonperform

ance of an Act.

Powers given by this Act to ex

tend to the Lord
Keeper and
Master of the
Rolls.

XIV. And be it further enacted, That where the Process of Contempt is for the Nonperformance of an Act, for example, the not answering a Plaintiff's Bill, and the Bill in Equity to which the Insolvent is a Party is taken pro Confesso, and he has not paid the Costs of the Contempt, or the Insolvent has fully answered the Plaintiff's Bill or Interrogatories, or otherwise cleared his Contempt except as far as regards the Payment of the Costs, or it has become in event unnecessary for him to do the Act for the Nonperformance of which he was committed or attached, the Court of Equity in which the Suit is depending shall, upon the Application of the Party in Contempt, discharge him from the same, except as to the Costs thereof, for which he shall remain in Custody, and such Costs shall be deemed within the Provision lastly herein-before contained, and he shall be dischargeable therefrom, and from the Process of Contempt, in like Manner as if the Process of Contempt were for Nonpayment of Money or Costs; provided that this Order or Regulation shall not weaken any of the other Powers by this Act given, nor shall any thing herein contained lessen the Operation of the said Act for the Relief of Insolvent Debtors.

XV. And be it further enacted, That the Powers and Authorities given by this Act to the Court of Chancery, or to the Lord Chancellor of Ireland, shall and may be exercised as well by such Lord Chancellor as by (and they are hereby given to) the Lord Keeper or Commissioners of the Great Seal of Ireland for the Time being, and to the Master of the Rolls; but the

Reports

Reports of the Marshal of the Marshalsea, and of the Masters
visiting there, shall be made to the Lord Chancellor, Lord
Keeper, or Lords Commissioners only, who alone are to make
Orders thereupon for Discharge or Relief of Prisoners.

Rules to be adopted by the Court of Ex

chequer.

Powers contained in such

Rules may be exercised by the Court of Exchequer.

XVI. And be it further enacted, That the Rules herein-before directed to be adopted by the Court of Chancery shall be adopted by the Court of Exchequer, which Court shall, for the Purposes of this Act, draw upon the Suitors Fund of that Court. XVII. And be it further enacted, That the Powers and Authorities contained in such last-mentioned Rules, and given by this Act to the Lord Chancellor, shall and may be exercised in like Manner by and are hereby given to His Majesty's Court of Exchequer, and may be exercised by the said Court, or by the Lord Chief Baron thereof; but such periodical Visits only to be made to the said Marshalsea, in regard to Prisoners for Contempt of the said Court, as the Lord Chief Baron shall direct, and by such Officer or Officers of the Court as he shall nominate. XVIII. And be it further enacted, That wherever this Act, Rule for the in describing or referring to any Person, or any Conveyance, Interpretation Transfer, Matter, or Thing, uses the Word importing the Singular Number or the Masculine Gender only, the same shall be understood to include and shall be applied to several Persons as well as One Person, and Females as well as Males, and Bodies Corporate as well as Individuals, and several Conveyances, Transfers, Matters, or Things respectively, as well as One Conveyance, Transfer, Matter, or Thing respectively, unless there be something in the Subject or Context repugnant to such Construction.

XIX. Provided always, that nothing in this Act contained shall annul or vary the Provisions of an Act of the Seventh Year of George the Second, relating to Ireland, intituled An Act for the Relief of Mortgagees, and for making the Process in Courts of Equity more effectual against Mortgagors who abscond and cannot be served therewith, and against Persons who being served refuse to appear; and also for better regulating the Payment of the Fees of Attornies and Solicitors; or of an Act of the Second Year of His present Majesty, intituled An Act to effectuate the Service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland respectively; or of an Act of the Fourth and Fifth of His present Majesty, intituled An Act to amend and extend an Act of the Second Year of His present Majesty, to effectuate the Service of Process issuing from the Courts of Chancery and Exchequer in England and Ireland; or of an Act of the Fourth and Fifth Years of His present Majesty, intituled An Act for the Amendment of the Proceedings and Practice of the High Court of Chancery in Ireland; or any of them, except so far as they are inconsistent with any of the Provisions of this Act.

of this Act.

of

This Act not to
annul Provisions
7 G. 2. (I.)
4&5W.4. c. 82.
4&5W.4. c. 78.

2 W. 4. c. 33.

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11 Ann. (I.)

1 W. 4. c. 65.

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CA P. XVII.

An Act to extend to Ireland certain Provisions of an Act made and passed in the First Year of His present Majesty's Reign, intituled An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Lunatics, and Persons of unsound Mind.

[30th July 1835.]

WHEREAS by an Act passed in the Parliament of Ireland

in the Eleventh Year of the Reign of Queen Anne, intituled An Act to enable Guardians and others to renew Leases for Lives, certain Provisions were made in that Behalf: And whereas by an Act passed in the First Year of the Reign of His present Majesty, intituled An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of unsound Mind, after reciting the said Act, and that it was expedient that the Provisions thereof, which had been so long in force in Ireland, ⚫ should remain unaltered, it was enacted, that the Clauses and • Provisions contained in the said therein recited Act should be and continue in force in the same Manner, to all Intents and Purposes, as if the said Clauses and Provisions and every Part thereof had been repeated and re-enacted in the said Act, and that none of the other Provisions in the said Act 'contained for authorizing any Surrenders to be accepted, or any new Lease to be made or executed, for or on behalf of any Person who, in pursuance of any Covenant or Agreement for Renewal in any Lease contained or to be contained, ought to • make such new Lease or Leases, should extend or be construed to extend to Lands in Ireland: And whereas the said Act of the Eleventh Year of the Reign of Queen Anne does not contain Provision for the Renewal of Leases for Terms of Years: And whereas by the said Act of the First Year of His present Majesty's Reign it is enacted, that where any Person being under the Age of Twenty-one Years, or a Feme Covert, might, in pursuance of any Covenant or Agreement, if not under Disability, be compelled to renew any Lease made or to be made for the Life or Lives of One or more Person or Persons, or for any Term or Number of Years absolute, or determinable " on the Death of One or more Person or Persons, it shall be lawful to and for such Infant, or his Guardian in the Name of ⚫ such Infant, or such Feme Covert, by the Direction of the Court of Chancery, to be signified by an Order to be made in a summary Way upon Petition of such Infant or his Guardian, or of such Feme Covert, or of any Person entitled to such Renewal, 'from Time to Time to accept of a Surrender of such Lease, and 'to make and execute a new Lease of the Premises comprised in such Lease for and during such Number of Lives, or for such Term or Terms determinable upon such Number of Lives, or for such Term of Years absolute, as was or were mentioned in the Lease so surrendered at the making thereof, or otherwise as the Court by such Order shall direct: And whereas

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