1845. Upon execu of answer, bill may be taken pro confesso. Pro confesso. Preliminary Proceedings. LXXVI. Upon the execution of an attachment for tion of attach- want of answer against any Defendant, or at any time ment for want within three weeks afterwards, the Plaintiff may cause such Defendant to be served with a notice of motion to be made on some day not less than three weeks after the day of such service, that the bill may be taken pro confesso against such Defendant; and thereupon, unless such Defendant has, in the mean time, put in his answer to the bill or obtained further time to answer the same, the Court, if it so thinks fit, may order the bill to be taken pro confesso against such Defendant, either immediately, or at such time, and upon such terms, and subject to such conditions, as, under the circumstances of the case, the Court thinks proper. Where writ of attachment ecuted, Defendant to be deemed to have absconded. LXXVII. In cases where any Defendant, either cannot be ex- being or not being within the jurisdiction of the Court, does not put in his answer in due time after appearance entered by or for him, and the Plaintiff is unable, with due diligence, to procure a writ of attachment or any subsequent process for want of answer to be executed against such Defendant, by reason of his being out of the jurisdiction of the Court, or being concealed, or for any other cause, then such Defendant is, for the purpose of enabling the Plaintiff to obtain an order to take the bill pro confesso, to be deemed to have absconded to avoid, or to have refused to obey the process of the Court. LXXVIII. In cases where any Defendant who, under Order LXXVII., may be deemed to have absconded to avoid, or to have refused to obey the process of the Court, has appeared in person or by his own solicitor, the Plaintiff may serve upon such Defendant or his solicitor a notice, that on a day in such notice named (being not less than than fourteen days after the service of such notice) the Court will be moved that the bill may be taken pro confesso against such Defendant; and the Plaintiff is, upon the hearing of such motion, to satisfy the Court, that such Defendant ought, under the provisions of Order LXXVII., to be deemed to have absconded to avoid, or to have refused to obey the process of the Court; and the Court being so satisfied and the answer not being filed, may, if it so thinks fit, order the bill to be taken pro confesso against such Defendant, either immediately or at such time or upon such further notice as, under the circumstances of the case, the Court may think proper. 1845. Process to take bill pro confesso fendant, LXXIX. In cases where any Defendant, who, under Order LXXVII., may be deemed to have absconded to avoid, or to have refused to obey the process of the Court, has had an appearance entered for him under Orders XXIX., XXXI., or XXXIII., and has not afterwards appeared in person or by his own solicitor, the Plaintiff entered for may cause to be inserted in the London Gazette a notice, him. that on a day in such notice named (being not less than four weeks after the first insertion of such notice in the London Gazette) the Court will be moved that the bill may be taken pro confesso against such Defendant; and the Plaintiff is, upon the hearing of such motion, to satisfy the Court, that such Defendant ought, under the provisions of Order LXXVII., to be deemed to have absconded to avoid, or to have refused to obey the process of the Court, and that such notice of motion has been inserted in the London Gazette, at least once in every week from the time of the first insertion thereof up to the time for which the said notice is given; and the Court, being so satisfied and the answer not having been filed, may, if it so thinks fit, order the bill to be taken pro confesso against such Defendant, either immediately or at such time or upon such further notice as, under 1845. Upon sub mitting to decree pro confesso, De fendant may apply for his discharge. Decree pro confesso. Not to be taken on the same day as order made. Defendant entitled to appear and be heard on taking bill pro confesso. Court to make such decree pro confesso as seems just. Decree to be absolute, when. under the circumstances of the case, the Court may think proper. LXXX. Any Defendant being in custody for want of his answer, and submitting to have the bill taken pro confesso against him, may apply to the Court, upon motion with notice to be served on the Plaintiff, to be discharged out of custody; and thereupon the Court may order the bill to be taken pro confesso against such Defendant, and may order him to be discharged out of custody upon such terms as appear to be just, unless it appears, from the nature of the Plaintiff's case or otherwise, to the satisfaction of the Court that justice cannot be done to the Plaintiff without discovery or further discovery from such Defendant. LXXXI. No cause, in which an order is made that a bill be taken pro confesso against a Defendant, is to be heard on the same day on which the order is made; but the cause is to be set down to be heard, and the Court, if it so thinks fit, may appoint a special day for the hearing thereof. LXXXII. A Defendant against whom an order to take a bill pro confesso is made, is at liberty to appear at the hearing of the cause; and if he waives all objection to the order, but not otherwise, he may be heard to argue the case upon the merits as stated in the bill. LXXXIII. Upon the hearing of a cause in which a bill has been ordered to be taken pro confesso, such decree is to be made as to the Court seems just; and in the case of any Defendant who has appeared at the hearing and waived all objection to such order to take the bill pro confesso, or against whom the order has been made made after appearance by himself or his own solicitor, or upon notice served on or after the execution of a writ of attachment against him, the decree is to be absolute. 1845. Court, upon making decree pro confesso, may order receiver or sequestration, LXXXIV. In pronouncing the decree, the Court may, either upon the case stated in the bill, or upon that case and a petition presented by the Plaintiff for the purpose, as the case may require, order a receiver of the real and personal estate of the Defendant against whom the bill has been ordered to be taken pro confesso to be appointed, with the usual directions, or direct a sequestration of such real and personal estate to be issued, and may (if it appears to be just) direct payment to be made and thereby out of such real or personal estate, of such sum or sums ant. of money, as, at the hearing or any subsequent stage of the cause, the Plaintiff appears to be entitled to: provided that unless the decree be absolute, such payment is not to be directed without security being given by the Plaintiff for restitution, if the Court afterwards thinks fit to order restitution to be made. LXXXV. A decree founded on a bill taken pro confesso is to be passed and entered as other decrees. LXXXVI. After a decree founded on a bill taken pro confesso has been passed and entered, an office copy thereof is (unless the Court dispenses with service thereof) to be served on the Defendant, against whom the order to take the bill pro confesso was made, or his solicitor; and if the decree be not absolute under Order LXXXIII., such Defendant or his solicitor is to be, at the same time, served with a notice, to the effect, that if such Defendant desires permission to answer the Plaintiff's bill and set aside the decree, application for that purpose must be made to the Court within the time specified pay Defend Decree pro confesso to be passed and entered. Decree to be served on Defendant or his solicitor; and also, if decree not ab solute, with a notice of time for opening decree.. 1845. Time for ap decree nisi. specified in the notice, or that such Defendant will be absolutely excluded from making any such application. LXXXVII. If such notice as is mentioned in Order plying to open LXXXVI. is to be served within the jurisdiction of the Court, the time therein specified for such application to be made by the Defendant is to be three weeks after service of such notice; but if such notice is to be served out of the jurisdiction of the Court, such time is to be specially appointed by the Court, on the ex parte application of the Plaintiff. Receiver and sequestrator upon decree pro confesso not to act without leave of Court. Rehearing before enrolment, of cause taken pro confesso. Decree nisi absolute. LXXXVIII. No proceeding is to be taken, and no receiver appointed under the decree nor any sequestrator under any sequestration issued in pursuance thereof is to take possession of, or in any manner intermeddle with, any part of the real or personal estate of a Defendant, and no other process is to issue to compel performance of the decree, without leave of the Court, which is to be obtained on motion with notice served on such Defendant or his solicitor, unless the Court dispenses with such service. pay LXXXIX. Any Defendant waiving all objection to the order to take the bill pro confesso, and submitting to such costs as the Court may direct, may, before enrolment of the decree, have the cause reheard upon the merits stated in the bill, the petition for rehearing being signed by counsel as other petitions for rehearing. XC. In cases where a decree is not absolute under may be made Order LXXXIII. the Court may order the same to be made absolute on the motion of the Plaintiff, made, 1. After the expiration of three weeks from the service of a copy of the decree on a Defendant, where 1. Where service of decree within jurisdiction. |