of

(w sorto 19tel od otur ti gui ties mean to object to the amount of it, that is the time when it is usual and proper to object. When the receipts and disbursements have all been gone through, and allowed and sanctioned by the Master, the latter are deducted from the former and a balance struck; the account is then entered by the Master's clerk in a book called the Receiver's book, and in a duplicate; the one is kept in the Master's office, and the duplicate is kept by the Receiver. At the foot of the account kept by the Master, his clerk prepares and ingrosses an affidavit, to be sworn to by the Receiver, verifying the account; this book is then taken from the Master's office and sent into the country by the Receiver's agent, and the Receiver swears to the affidavit before a Master Extraordinary; when the affidavit is sworn it is returned to the London agent, by whom it is left in the Master's office, upon which the Master prepares and ultimately makes his report, which states the amount due from the Receiver, and fixes the time at which he is to pay it into Court, and the amount must be remitted to his London agent, who will take the proper steps and pay it in accordingly. When it' has been paid in, the plaintiff's solicitor should, in order that it may not lie unproductive, apply to have it invested in the funds, which, on the proper steps being taken by him, will be done. The steps to be taken upon the Receiver's second or subsequent account, are similar to those on the first. The Court will not, in general, on the application of the parties, enter into the consideration of particular items allowed by the Master in a Receiver's account; but it will enter into the consideration of the general principle on which the Master has proceeded in taking the account.

If the receiver do not bring in his account in due time, any party to the suit, who is desirous that he' should bring it in, may take out and serve upon the Receiver's agent, first a general, and then a peremptory warrant, calling on him to do so; and in default of his doing so, the Master grants a certificate of the

default, which is filed, and then the party proceeding is entitled to an order of course, that the receiver do bring in his account within four days, or stand committed. Upon an affidavit of personal service of this order, and another certificate from the Master, that no account has been brought in, a motion is made for an order absolute for the committal of the Receiver, and he is thereupon taken by the proper officer of the Queen's Prison and handed over to the prison. The proceedings to get the Receiver committed, are very similar where his account has been passed, but he neglects to pay in his balance at the time appointed by the Master's report; the certificate of default, in that case, being given by the Accountant-General. A Receiver should, however, never neglect to carry in and pass his account, and pay in his balance; for, by such neglect, he is not only liable to the above inconveniences, but to be disallowed his per centage, and to be charged with interest at five per cent. upon his balance, under the order of 23rd April, 1796.

Where the Receiver has neglected to bring in or pass his account, or pay in his balance, and has been proceeded against and brought into contempt, as just explained, it will generally be necessary to proceed against his sureties on their recognizance: where the Receiver is become bankrupt, or an insolvent debtor, it is not necessary to proceed to bring him into contempt, as such a proceeding would, in that case, be clearly useless. In order to proceed against the sureties a petition must be presented, which must be personally served upon the sureties, or a notice of motion must, in like manner, be personally served; whether the proceeding be by petition or motion, its object is to obtain leave to put the recognizance in suit against the sureties, for the amount reported due from the receiver and costs, and unless the sureties show good cause an order will be made giving the liberty asked for. The proceeding against the sureties is by scire facias, at the suit of the Master of the Rolls, and of the Master who appointed

the Receiver, in whose names the recognizance is always taken, and the proceedings must be commenced and proceeded with in the Petty Bag Office, and not in any of the ordinary Common Law Courts.

If, from fortuitous circumstances, any considerable sum of money should come to the Receiver's hands, not arising from the ordinary income from the estate, he should regularly move to pay it into Court, so that it may be invested and produce interest, for the Court will not allow him to make interest of it for his own benefit, although he may duly pass his accounts and pay in his balances at the proper times, but if he has made such interest or turned it to any profitable use, the estate will be ordered to have the benefit of it.

If money collected by a Receiver be bond fide deposited with a banker for security only, and not mixed with the Receiver's own money, under circumstances in which it could not have been properly paid into Court, and the banker fail, the Receiver will not be answerable for the loss, but the estate must bear it (4 Russ. 60); and a Receiver in remitting money to be paid into Court, should remit it specifically for that purpose, and it would be prudent to remit it to a separate account, if he has another with the bank; for in one case it was decided that if a Receiver makes a remittance to his own credit and use, and not to a separate account for the trust, and the banker fails, he shall be charged with the loss (11 Ves. 377). Where a Receiver has remitted his balance, he should take means to satisfy himself that it has been duly paid into Court, for it is not enough that it has been paid to his solicitor or agent, or the solicitor or agent of the plaintiff or any other party in the cause; if it has, and either of these who may happen to have received it and not paid it in, become insolvent or bankrupt without doing so, the Receiver is chargeable, and must nevertheless pay the balance into Court; this is one of many reasons why country solicitors should employ none but reputable agents.

When the duties of the Receiver are at an end, whether by the termination of the suit or by other means, an application should be made for his discharge from the receivership, and that the recognizance of himself and his sureties may be vacated. To entitle him to this he must have passed his final account and paid in the balance in the usual way; a petition is then presented to the Lord Chancellor, or the Master of the Rolls, with the necessary prayer; on the hearing of this petition the order will be made, unless successfully opposed on some sufficient ground, and when the Receiver's agent has obtained the order he will attend with it at the Inrolment Office, and get the record of the recognizance marked as vacated, and the country solicitor should take care to have a letter from his agent stating that this is done. Even after the recognizance is vacated, if there be a balance due to the Receiver, and the sureties have paid any money for him, for the purposes of the suit, either through his defalcation or otherwise, during the receivership, which they have not been repaid, the Court will, on their application by motion or petition, order the balance so due to the Receiver to be applied in paying them, so far as it will extend.

C

Grounds for the Process of Contempt-Subpoena To compel Defendant's Appearance- Attachment-How to compel Sheriff to return it Sheriff's Return-Serjeant-at-ArmsSequestration -How executed Proceedings on Sheriff's Return of Cepi Corpus where Bail taken MessengerAppearance ordered to be entered for Defendant-The like Proceedings where Bail not taken - Process of Contempt against Infants, Peers, Members of the House of Commons, Married Women, Corporations and Persons of unsound Mind -Process of Contempt to compel putting in of AnswerMessenger where Defendant out on Bail-Habeas Corpus when in Custody-Proceedings on Return of Non est inventus -How to compel Answer of Infants, Peers, &c.—When Sheriff may take Bail, and when not-Process of Contempt to enforce Payment of Costs-To enforce Performance of other Acts-To procure Execution of Deeds, &c.-To enforce the Delivery of the Possession of Land-Process of Contempt for and against Persons not Parties to the SuitExamination of a Stranger, pro interesse suo, under Sequestration-Process of Contempt to be diligently used-How to clear Contempts, and obtain Discharge from Custody.

WHERE a party to a suit has disobeyed any command of the Court properly signified to him, he is said to be in contempt, upon which certain proceedings take place which are known by the name of process of contempt. The command disobeyed may be contained in a writ, order or decree, and if the person to whom the command is addressed disobeys it, after being duly served, he is liable to this process. In order to bring the party into contempt the instrument should be served upon him personally, if possible, but where personal service cannot be effected, the Court