Contempt in face of Court: saving for.
5.
The foregoing provisions are without prejudice to the power of the Court to commit for
contempt committed in the face of the Court.
Power to suspend execution of committal order.
6.
(1) The Court by whom an order of committal is made may by order direct that the execution
of the order of committal shall be suspended for such period or on such terms or conditions as it
may specify.
(2)
Where execution of an order of committal is suspended by an order under sub-rule (1) of this
rule, the applicant for the order of committal shall, unless the Court otherwise directs, serve on the
person against whom it was made a notice informing him of the making and terms of the order under
that sub rule.
Discharge of person committed.
7.
(1) The Court may, on the application of any person committed to prison for any contempt
of Court, discharge him.
(2)
Where a person has been committed for failing to comply with a Judgment or order requiring him to
deliver anything to some other person or deposit it in Court or elsewhere, and a writ of sequestration
has also been issued to enforce that Judgment or order, then, if the thing is in the custody or power of
the person committed, the sheriff may take possession of it as if it were the property of that person
and, without prejudice to the generality of sub-rule (1) of this rule, the Court may discharge the
person committed and may give such directions for dealing with the thing taken by the sheriff as
it thinks fit.
Saving for other powers.
8.
Nothing in the foregoing provisions of this order shall be taken as affecting the power of the
Court to make an order requiring a person guilty of contempt of Court, or a person punishable
by virtue of any enactment in like manner as if he had been guilty of contempt of court to pay
a fine or to give security for his good behaviour, and those provisions, so far as applicable, and
with necessary modifications, shall apply in relation to an application for such an order as they
apply in relation to an application for an order of committal.
Return.
9.
(1) every writ of attachment issued in a case to which this order applies shall be made returnable
before the Court.
(2)
If a return of non est inventus is made, one or more writs may be issued on the return of the
previous writ.
ORDER 36
WRIT OF EXECUTION