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arms or messenger in whose custody he is, without payment by him of the costs of his contempt, which in such case are to be paid by the Plaintiff; but if such Defendant does not put in his answer within eight days after such discharge, the Plaintiff may cause a new attachment to be issued against him for want of his

answer.

LXXIV. If any Defendant be in prison under, or being already in prison be detained under an attachment for not answering, and be not brought to the bar of the Court within thirty days from the time of his being actually in custody or detained (being already in custody under such attachment), he is to be discharged from the process for want of answer under which he was arrested or detained, by the sheriff, gaoler, or keeper of the gaol in whose custody he is, without payment of the costs of his contempt, which in such case are to be paid by the Plaintiff; but if such Defendant does not put in his answer within eight days after such discharge, the Plaintiff may cause a new attachment to be issued against him for want of his answer.

LXXV. A Defendant being brought up in custody for want of his answer, and making oath in court that he is unable, by reason of poverty, to employ a solicitor to put in his answer, the Court is thereupon to refer it to the Master to inquire into the truth of that allegation, and to report thereon to the Court forthwith; and the

Court
may appoint a solicitor to conduct such inquiry
on the behalf of such Defendant; and if the Master re-
ports such Defendant to be unable, by reason of poverty,
to employ a solicitor to put in his answer, the Court
may assign a solicitor and counsel for such Defendant
to enable him to put in his answer.

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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.

Process to take bill pro confesso against absconding Defendant who has himself

appeared.

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 against absconding De

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 where appearance has been 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, Defendant 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.

Pro confesso-Hearing: Decree.

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 pay Defendout 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

Decree pro confesso to be passed and entered.

Decree to be served on

Defendant or his solicitor;

and also, if de

cree not ab

solute, with a notice of time for opening decree.

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