Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1871-10-13
CHANCERY PRACTICE.
what the ChanoeIIoPs OF the state
m fIIl are About.
~ REPoRr oY eoNrEMrrs.


The Banner Of the 18th inst contains
the following accounts of the action of
our State Chancellors:
The Chancellors met again yesterday
at half past nine o'clock, in the law
chambe Of the State Library, Chancel-
lor Morgan In the chair.
The committee appointed on the pre-
vious day called upon TO report.
Chancellor East offered the following
as an independent rule on coutempts,
which was adopted
For contempt committed In the
presence Of a court, it shall not be
necessary to issue process or notice, hut
the offending party may be arrested by
the officer waiting upon tho court, upon
the verbal order OF the judge, and he
shall not be bailable, and the court may
at once proceed to fine or imprisonment,
or both, and the minutes shall show the
penalty inflicted.
The following majority report Of the
committee on contempt was offered by
Chancellor Ferris, and adopted;
IN contempt passes other than those
committed IN the presence OF the court
the mode Of proceeding shall be as fol-
lows. M
l. 1t shall be by petition stating the
contempt complained Of, supported by
affidavit, together with such exhihits as
records, process and retpras af officers,
etc, or certified copies thereof, as may
fully show how the contempt arose.
2. Therenpon, the Chancellor, If sulli-
cient cause be shown, shall order the is
suance OF an attachment for the body Of
the contemnor, fixing in said order HE
time and place of appearance to answer,
as also the amount ana character of bail
TO he taken,
4. The Chancellor, upon the appear
ance and answer OF the contemnor, or
production OF his body and neglect 10
answer, shall hear said proceeding at
the time and place designated, unless,
upon cause shown, he shall give further
time upon the petition, aAidavits aud ex.
hihits, and answer aihdavits and exhibit
thereto; in case the contemnor answers,
and where be fails 70 Answer, then upon
the case made b the petitioner. d.
4. In case the contemnor does not
appear, as required by his bail bond,
judgment shall DO rendered against prin-
cipal and securities for the full amount
Of bond, and, in case an alias attach
ment be issued, or the contemnor be ar
rested Hereunder, no bail shall be taken,
and judgment being given upon the bail
bond against the principal and his secu-
rites for the full amount Of the bond
and costs and .feri .faeids awarded and
the same collected and paid into court,
and the court shah award all or so much
thereof az ia deemed proper to reimburse
the injured party. The balance to be
paid into the Treasury Of the State.
The committee also recommended the
following, which was adopted:
Where witness having been duly sum-
moned to appear, in obedience thereto,
before the Master, upon proof by affidavit
Of such service aud refusal to appear,
the Master shall issue an iastanter at
tachment for the witness, to secure his
appearance before the Chancellor TO
show cause why he shall not be com
mitted, and shall fix the bond for his ap.
pearanee, or If he fail TO appear, or APP
pearing fail to show sufficient cause for
not obeying the summons, be shall be
committed until he consents 70 give his
testimony.
Chancellor Fleming. from the com
mittee appointed 70 report rule in lieu
Of rule II, reported the following:
IL bill or answer be excepted TO for
scandal or impertinenee, the same shall
be heard by the Chancellor in vacation
or IN Term time, without the interven-
ton Of the Clerk and Master; but in
such cases, if heard by the Chancellor in
vacation, five days notice Of the time
aud place shall be given tc the opposite
party or his counsel.