⚫ment issued out of the High Court of Chancery or] by the serjeant-at-arms attending the same 'court; and also be liable to have your estate sequestered for the purpose of compelling you to obey the same order [or decree]." And by the 13th, "That upon due service of a decree or order for delivery of possession, and upon proof made of ⚫ demand and refusal to obey such order, the party 'prosecuting the same shall be entitled to an order ' for a writ of assistance."

SECTION 3.

Distinction, as to the Execution of an Order between Persons who are, and Persons who are not, parties, abolished.

WHERE a party to the suit obtained an order against a person not a party to it, instead of the process stated in the first section of this chapter, he was obliged to resort to the following:-He served the party, against whom the order was to be enforced, with the order merely, without any writ of execution. If the order was not complied with, he then obtained an order nisi, that if the party did not perform the act required within a limited time, say four days, he should stand committed. Upon the expiration of these four days, if the act was still unperformed, he might apply to the Court to make this order absolute; upon which a warrant for his committal would be made out and signed by the judge who made the order, and delivered to the Deputy

Warden of the Fleet, who executed it by arresting the party, and conveying him to the Fleet; and there the process stopped, as no sequestration issued against a person not a party to the suit. Where a person not a party to the suit obtained an order, there appears to have been some uncertainty whether he had the same power to enforce it as if he were a party: it would rather appear, however, that he had not. The question is, however, now set at rest, the distinction as to enforcing orders between parties, and persons who are not parties, being abolished by the 15th Order, (C. & L.), which orders, "That every person not being a party in any cause, who ' has obtained an order, or in whose favour an order 'shall have been made, shall be entitled to enforce • obedience to such order by the same process as if he were a party to the cause; and every person, not 'being a party in any cause against whom obedience " to any order of the Court may be enforced, shall be liable to the same process for enforcing obedience 'to such order as if he were a party to the cause."

SECTION 4.

To enforce the Delivery up of the Possession of Lands.

For the mode of compelling a person to deliver up possession of lands, according to the practice as it existed previous to 1 Will. 4, c. 36, see Seton, 425, and Green v. Green, 2 Sim. 394, where the subject is fully considered. By the 1 Will. 4, c. 36, sect. 15 to 19, it is provided, "That where any party ob

stinately retains possession of lands or other real property, after a writ of execution of a decree, or an order for delivery of possession has been duly served and demand of possession made, and upon an affidavit of such service of the writ of execution and of such demand made thereunder, and a refusal to comply therewith on the part of the person against whom the writ issued, the party issuing it shall be at liberty, upon an affidavit of service of the writ of execution and demand of possession and refusal, to obtain the usual order of course for the writ of assistance to issue, and that the intermediate writs of attachment and injunction further commanding the party to deliver possession, or any other writ, shall be unnecessary." As we have seen, at the end of Section 2, of this Chapter, the service of this writ of injunction is no longer necessary.

SECTION 5.

To enforce Production of Papers.

A PARTY in contempt for not delivering to any person or persons, or depositing in Court or elsewhere, as by any order may be directed, books, papers, or any other articles or things, any sequestrator or sequestrators, appointed under any commission of sequestration, shall have the same power to seize and take such books, papers, writings, or other articles or things being in the custody or power of the person against whom the sequestration issues, as they would have had over his own property, and there

upon such articles or things, so seized and taken, shall be dealt with by the Court as shall be just; and after such seizure it shall be lawful for the Court, upon application of the prisoner, or of any other person in the cause or matter, or upon any report to be made in pursuance of this act, to make such order for the discharge of the prisoner upon such terms, and if it shall see fit, making any costs [costs] in the cause, as to the Court shall seem proper.

SECTION 6.

To compel the Execution of Deeds.

By the 1 Will. 4, c. 36, s. 15, rule 15, it is provided, that, where any person shall have been directed by any decree or order to execute any deed or other instrument, or make a surrender or transfer, or to levy a fine, or suffer a recovery, and shall have refused or neglected to execute, make, or transfer, or levy, or suffer the same, and shall have been committed to prison under process for such contempt, or being confined in prison for any other cause, shall have been charged with or detained under process for such contempt, and shall remain in such prison, the Court may, upon motion or petition, and upon affidavit that such person has, after the expiration of two calendar months from the time of his being committed under or charged with, or detained under such process, again refused to execute such deed or instrument, or make such surrender or transfer, or levy or suffer such fine or recovery, order or appoint

one of the Masters in ordinary, or if the act is to be done out of London, then, if necessary, one of the Masters extraordinary, to execute such deed or other instrument, or to make such surrender or transfer for and in the name of such person, and to levy such fine or suffer such recovery in his name, and to do all acts necessary to give validity and operation to such fine and recovery, and to lead or declare the uses thereof; and the execution of the said deed or other instrument, and the surrender or transfer made by the said Master, and the fine or recovery levied or suffered by him, shall in all respects have the same force and validity as if the same had been executed or made, levied or suffered by the party himself; and within ten days after the execution or making of any such deed or other instrument, or surrender or transfer, or levying or suffering such fine or recovery, notice thereof shall be given by the adverse solicitor to the party in whose name the same is executed or made, and such party, as soon as the deed or other instrument or surrender, transfer, fine, or recovery, shall be executed, made, levied, or suffered, shall be considered as having cleared his contempt, except as far as regards the payment of the costs of the contempt, and shall be entitled to be discharged therefrom under any of the provisions of this act applicable to his case; and the Court shall make such order as shall be just touching the payment of the costs of or attending any such deed, surrender, instrument, transfer, fine, or recovery.