Warrant.
Duration of detention.
Form of interlocutory application.
Motion-paper.
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to the Court for an order on the disobedient person 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 disobedient
person.
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.
142. 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 war- rant 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.
143. 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 im- mediately 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.
VI.-INTERLOCUTORY PROCEEDINGS,
144. Interlocutory applications may be made at any stage of a suit or proceeding.
They shall be made either by motion or on application for a
summons.
Motions.
145. Motions must be reduced to writing in the terms of the order sought from the Court; and a 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
37
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 argu- ment 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.
There shall be filed with the motion-paper all affidavits on Evidence. which the person moving intends to rely.
No other evidence can be used in support of the motion except by leave of the Court.
No paper accompanying the motion-paper other than an affidavit shall be received.
146. The person filing the motion-paper may then either move Motion in the Court while sitting, and on such days and at such times, if any, Court:
as are by the regulations of the Court appointed for hearing mo- tions, or in cases of urgency at any time while the Court is sitting and not engaged in hearing any other matter,--or send a written request to the Court for an order according to the or by writing. motion-paper, with such argument stated in writing in support of
his motion as he thinks fit.
147. All motions shall be made ex parte in the first instance Notice of unless the Court gives leave to give a notice of motion for a motion. certain day.
148. On a motion ex parte the party moving shall apply for Application either an immediate absolute order of the Court in the terms of ex parte. the motion-paper on his own showing and evidence, or an order to the other party to appear on a certain day and show cause why an order should not be made in the terms of the motion-paper.
Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
149. On a motion coming on the Court may allow the motion- Order ou paper to be amended.
It may allow additional evidence to be produced by affidavit or deposition.
It may direct the motion to stand over.
It
may refuse the motion.
It may make an order in terms of the motion.
Where an immediate order absolute is asked, and the right
thereto clearly appears, it may grant such order.
It may grant an order to show cause why the order sought should not be made.
It may allow a motion on notice to be made.
motion.
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