shall think fit, upon the motion of the Plaintiff, without notice, give the Plaintiff leave to serve such Defendant with such copy, within such time and upon such terms as to the Court seems just. Appearance. 1845. Appearance. refusing or XXIX. If any Defendant, not appearing to be an in- Defendant fant or a person of weak or unsound mind unable of himself to defend the suit, is, when within the jurisdiction of the Court, duly served with a subpoena to appear to or to appear to and answer a bill, and refuses or neglects to appear thereto within eight days after such service, the Plaintiff may, after the expiration of such eight days, and within three weeks from the time of such service, apply to the record and writ clerk to enter an appearance for such Defendant; and, no appearance having been entered, the record and writ clerk is to enter such appearance accordingly, upon being satisfied, by affidavit, that the subpoena was duly served upon such Defendant personally or at his dwelling-house or usual place of abode; and after the expiration of such three weeks, or after the time allowed to such Defendant for appearing has expired, in any case in which the record and writ clerk is not hereby required to enter such appearance, the Plaintiff may apply to the Court for leave to enter such appearance for such Defendant; and the Court, being satisfied that the subpoena was duly served, and that no appearance has been entered for such Defendant, may, if it so thinks fit, order the same accordingly. XXX. Any appearance entered at the instance of the Plaintiff for a Defendant who, at the time of the entry thereof, is an infant or a person of weak or unsound But not for infant or lunatic. 1845. Course of proceeding for entering appearance for Defendant who has gone out of realm, or otherwise absconded to avoid service of process. mind, unable of himself to defend the suit, is irregular and of no validity. XXXI. In case it appears to the Court, by sufficient evidence, that any Defendant against whom a subpoena to appear to or to appear to and answer a bill has issued, has been within the jurisdiction of the Court, at some time not more than two years before the subpoena was issued, and that such Defendant is beyond the seas, or that upon inquiry at his usual place of abode (if he had any), or at any other place or places where, at the time when the subpoena was issued, he might probably have been met with, he could not be found, so as to be served with process, and that, in either case, there is just ground to believe that such Defendant is gone out of the realm, or otherwise absconded to avoid being served with process, then and in such case, the Court may order that such Defendant do appear at a certain day to be named in the order; and a copy of such order, together with a notice thereof to the effect set forth at the foot of this Order, may, within fourteen days after such order made, be inserted in the London Gazette, and be otherwise published as the Court directs; and in case the Defendant does not appear within the time limited by such order, or within such further time as the Court appoints, then, on proof made of such publication as aforesaid of the aforesaid order, the Court may order an appearance to be entered for the Defendant on the application of the Plaintiff. Notice.-"A. B., take notice, that if you do not appear pursuant to the above order, the Plaintiff may enter an appearance for you, and the Court may afterwards grant to the Plaintiff such relief as he may appear to be entitled to on his own showing." XXXII. If, XXXII. If, upon default made by a Defendant in not appearing to or not answering a bill, it appears to the Court that such Defendant is an infant, or a person of weak or unsound mind not so found by inquisition, so that he is unable of himself to defend the suit, the Court may, upon the application of the Plaintiff, order that one of the solicitors of the Court be assigned guardian of such Defendant, by whom he may appear to and answer or may answer the bill and defend the suit. But no such order is to be made, unless it appears to the Court, on the hearing of such application, that the subpoena to appear to and answer the bill was duly served, and that notice of such application was, after the expiration of the time allowed for appearing to or for answering the bill, and at least six days before the hearing of the application, served upon or left at the dwelling-house of the person, with whom or under whose care such Defendant was at the time of serving such subpœna, and (in the case of such Defendant being an infant not residing with or under the care of his father or guardian) that notice of such application was also served upon or left at the dwelling-house of the father or guardian of such infant, unless the Court, at the time of hearing such application, thinks fit to dispense with such last-mentioned service. XXXIII. Where a Defendant in any suit is out of Where Dethe jurisdiction of the Court. 1. The Court, upon application supported by such evidence as shall satisfy the Court in what place or country such Defendant is or may probably be found, may order that the subpoena to appear to or to appear to and answer the bill may be served on such Defendant, in such place or country, or within such limits as the Court thinks fit to direct. 2. Such fendant out of 1845. 2. Time to appear to be limited by the order. 3. Defendant to be served with copy of bill as well as with subpœna. 4. On Defendant's default Court may order appearance to be entered. Form of affidavits to verify service of subpæna. Plaintiff to have costs of entering appearance for Defendant, whatever may be the event of the suit. 2. Such order is to limit a time (depending on the place or country within which the subpoena is to be served) after service of the subpoena, within which such Defendant is to appear to the bill, and also (if an answer be required) a time, within which such Defendant is to plead, answer, or demur, or obtain from the Court further time to make his defence to the bill. 3. At the time when such subpoena shall be served, the Plaintiff is also to cause such Defendant to be served with a copy of the bill, and a copy of the order giving the Plaintiff leave to serve the subpœna. 4. And if, upon the expiration of the time for appearing, it appears to the satisfaction of the Court that such Defendant was duly served with the subpoena, and with a copy of the bill and a copy of the order, the Court may, upon the application of the Plaintiff, order an appearance to be entered for such Defendant. XXXIV. Affidavits filed for the purpose of proving the service of a subpoena upon any Defendant are to state, when, where, and how such subpoena was served, and by whom such service was effected. XXXV. The Plaintiff, having duly caused an appearance to be entered for any Defendant, is entitled, as against the same Defendant, to the costs of and incident to entering such appearance, whatever may be the event of the suit; and such costs are to be added to any costs which the Plaintiff may be entitled to receive from such Defendant, or set off against any costs which he may be ordered to pay to such Defendant; but payment thereof is not to be otherwise enforced without the leave of the Court. XXXVI. A XXXVI. A Defendant, notwithstanding that an appearance may have been entered for him by the Plaintiff, may afterwards enter an appearance for himself in the ordinary way; but such appearance, by such Defendant, is not to affect any proceeding duly taken, or any right acquired by the Plaintiff under or after the appearance entered by him, or prejudice the Plaintiff's right to be allowed the costs of the first appearance. XXXVII. No party is to enter either a common or special appearance under the 26th or 27th of the Orders of the 26th of August 1841 (a), after the expiration of twelve days from the service of the copy of the bill, without first obtaining an order of the Court for that purpose, such order to be obtained on notice to the Plaintiff, and to be granted, if the Court thinks fit, upon such terms as are just; and any party so entering such common or special appearance is bound by all the proceedings in the cause prior to such appearance being entered, unless the Court otherwise directs. Scandal and Impertinence. 1845. Defendant for whom appear ance entered may after wards appear for himself. Twelve days after service of copy of bill no party to enter appearance without order of Court. Scandal and impertinence. exceptions XXXVIII. No order is to be made for referring any No reference pleading or other matter depending before the Court for, unless for scandal or impertinence, unless exceptions are taken taken. in writing and signed by counsel, describing the particular passages which are alleged to be scandalous or impertinent. XXXIX. Where any person or party, having filed exceptions to any pleading or other matter depending before the Court for scandal, and any party having filed such exceptions for impertinence, does not obtain an (a) Ord. Can, 172. order Exceptions &c. to be refor scandal, ferred within six days. |