Discharge of Garnishees.
The Order of the Court made under the Provisions hereinbefore contained as to Attachment of Debts and Foreign Attachment, in pursuance of which any Property attached in the Hands of a Garnishee, shall be applied in Satisfaction of a Judgment, shall be a complete Bar to any Proceedings instituted against the Garnishee to recover the same by any Person whomsoever, but all Persons claiming an Interest in the Property attached may appear before the court for the Purpose of opposing the making of such Order or of protecting their Rights in or to such property: Provided always that such Order shall be no Bar to any proceedings instituted by such Persons against the plaintiff or Judgment Creditor into whose Hands such Property shall have passed thereunder, or those claiming under them to recover the same or any Part thereof, unless such persons had notice of the Attachment and had the Opportunity of appearing before the court for the purpose of opposing such Order or protecting their Rights as aforesaid, and refused or neglected so to do.
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Arrest.
Where the Decree or Order is one directing some act to be done other than payment of money, and the person directed to do the act refuses or neglects to do it according to the exigency of the Decree or Order, the person prosecuting the Decree or Order shall be entitled to apply to the court for a warrant of arrest against the Person disobeying such Decree or Order.
The court shall, unless it sees good reason to the contrary, on the application of the Person prosecuting the Decree or Order, Issue, under the seal of the court, a warrant of arrest directed to a proper officer who shall be thereby empowered to take the body of the Person disobeying such Decree or Order, and detain him in custody until further Order.
Commitment for Disobedience.
Where any Person over whom the court has Jurisdiction is guilty of wilful Disobedience to a Decree or Order, the Person prosecuting the Decree or Order shall be entitled to apply to the court for an Order on the person disobeying such Order or Decree to show cause why he should not be punished for the Disobedience. The court, unless it sees good reason to the contrary, shall on such application make an Order accordingly.
The court shall not grant the Order except on evidence on oath establishing such a case, as if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the Order or Decree.
A certified copy of the affidavit or deposition on which the Order is granted shall be served on the party to whom the Order is directed together with the Order, and he may file counter affidavits.
On the return day of the Order, if the Person to whom it is directed does not attend and does not establish a sufficient excuse for not attending, and if the court is satisfied that the Order has been duly served, or if he attends and does not show cause to the satisfaction of the court why he should not be punished for the Disobedience, the court may Issue a warrant for his commitment to prison.
The court may enlarge the time for the return to the Order, or may, on the return of it and under circumstances which would strictly justify the immediate commitment of the Person guilty of the Disobedience, direct that the warrant for his commitment shall Issue only after a certain time and in the event of his continued Disobedience at that time to the Decree or Order in respect of which he has been guilty of Disobedience.
A Person committed for Disobedience to a Decree or Order is liable to be detained in custody until he has obeyed the Decree or Order in all things that are to be immediately performed, and given such security as the court thinks fit to obey the other parts of the Decree or Order (if any) at the future times thereby appointed, or in case of his no longer having the power to obey the Decree or Order, then until he has been imprisoned for such time or until he has paid such fine as the court directs.
Interlocutory Proceedings.
Interlocutory applications may be made at any stage of suit or Proceeding.
They shall be made either by motion or on application for a summons.
Motions.
Motions must be reduced to writing in the terms of the Order sought from the court; and Motion shall not be entertained until the party moving has filed in the court a written Motion paper distinctly stating the terms of the Order sought (Form 8).
The Motion may in its terms ask for an Order directing more than one thing to be done, and may also be in an alternative form, asking that one or another Order be made, so only that the whole Order sought be therein substantially expressed.
If the Motion-paper contains any matter by way of argument or other matter except the proper particulars of the Motion itself, the court shall direct the Motion-paper to be amended, and shall make no other Order thereon, until it is amended accordingly, by the striking out of such argument or other matter.
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