In what cases.
In what caseo.
Warrant.
Turation of detention.
From off'er' entory application.
Motion-paper.
64
RULES OF SUPREME COURT
Sequestration.
140. In case the person aga nst whom the warrant of arrest issues is not and cannot be found,-or is taken and detained in custody under the warrant without obeying the deerve or order, ten the person prosecuting the decree or order shall be entitled to an order of sequestration against his property.
Commitment for Disobedience.
141. Where any person over whom the Court has jurisdiction is guilty of wilful disobedience to a decree or or er, the person prosecuting the decree or order shall be entitled to apply 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 afli avit 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 fil 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 an i does not show cause to the satis action 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 r turn of it, and nider 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 decre» or order in all things that are to be immediat ly performed, and given sucn security as the Court thinks fit to obey the other parts of the decree or orde: (if any) at the future times thereby appointed,-or in case of his no longer havingt' e power to obey the deere 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
SUMINOns.
Moti ns.
145. Motions must be reduced to writing in the terms of the order sought from the Cou † ; and a motion shall not be entertained until te party a oving has filed in the Court a written motion paper distinctly stating the terms of the order sought (Form 8).
The motion may in its trins ask for an order directing more than one ting to be done, and n ay also be an in alternative form, ask ng that one or another order be made, so only that the whole order sought be therein substantially expressed.
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