In what cases,
In what cares.
Warrant.
Duration of .detention.
Form of interlocutory application.
Motion-paper.
316
RULES OF SUPREME COURT
Sequestration
140. In case the person against 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 decree or order,—then the person prosecut- ing 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 order, 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 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 warrant for his commitment to prison.
The Court may enlarge the time for 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 ouly after a certain time and in the event of 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 immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or crder (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 im- prisoned 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.
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 from, 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 notion-paper to be amended, and shall make no other order.
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UNIVERSITY OF MICHIGAN
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