ORDER X. of such three weeks, or after the time allowed to such Service of copy defendant for appearing has expired, in any case in of Bill, and Appearance. which the Record and Writ Clerk is not hereby required to RULE 5. ant an infant or 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 copy of the bill was duly served, and that no appearance has been entered for such defendant, may, if it so thinks fit, order the same accordingly. (8th May 1845; Ord. 29.) 5. Any appearance entered at the instance of the plaintiff Not if defend for a defendant, who, at the time of the entry thereof, is an infant or a person of weak or unsound mind, unable of himself to defend the suit, is irregular and of no validity. (8th May 1845; Ord. 30.) non compos mentis. RULE 6. ance may be entered by plaintiff for defendant absconding. 6. Where the Court is satisfied by sufficient evidence Where appear- that any defendant has been within the jurisdiction of the Court at some time not more than two years before the bill was filed, 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 bill was filed he might probably have been met with, he could not be found so as to be served with a copy of the bill, under the Stat. 15 & 16 Vict. c. 86, s. 3, and that in either case there is just ground to believe that such defendant has gone out of the realm or otherwise absconded to avoid being served with such copy of the bill or with other process, 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 to the effect set forth at the end of this Rule, may, within fourteen days. after such order made, be inserted in the "London Gazette," and be otherwise published as the Court shall direct. And where the defendant does not appear within the time limited by such order, or within such further time as the Court may appoint, there, on proof made of such publication of the said 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 ORDER X. Service of copy of Bill, and Appearance. RULE 7. Service of copy of bill and ant out of (1.) The Court, upon application supported by such of interrogatoevidence as shall satisfy the Court in what place or ries on defendcountry such defendant is or may probably be found, jurisdiction, may order that a copy of the bill, under the Stat. and entering 15 & 16 Vict. c. 86, s. 3, and, if an answer is required, him. a copy of the interrogatories, may be served on such ARTICLE (1.) defendant in such place or country or within such limits as the Court shall think fit to direct. appearance for (2.) Such order shall limit a time after such service ARTICLE (2.) within which such defendant is to appear to the bill; such time to depend on the place or country within which the copy of the bill is to be served. And where an answer is required, such order shall also limit 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 copy of the bill shall be ARTICLE (3.) served, the plaintiff shall also cause such defendant to be served with a copy of the order giving the plaintiff leave to serve such copy of the bill. (4.) And if, upon the expiration of the time for ARTICLE (4) appearing, it be shown to the satisfaction of the Court that such defendant was duly served with such copy of the bill and with a copy of the order, the Court may, upon the application of the plaintiff, order an appearance to be entered for such defendant. (8th May 1845; Ord. 33.) RULE 8. service. 8. Affidavits filed for the purpose of proving the service of a copy of a bill upon any defendant, shall state when, Affidavits of where, and how the same was served, and by whom such service was effected. (8th May 1845; Ord. 34.) 9. A defendant, notwithstanding that an appearance may RULE 9. have been entered for him by the plaintiff, may afterwards tered by deAppearance en ORDER X. enter an appearance for himself in the ordinary way; but Service of copy such appearance by such defendant shall not affect any pro of Bill, and fendant after Appearance. ceeding duly taken or any right acquired by the plaintiff under or after the appearance entered by him, or prejudice appearance en- the plaintiff's right to be allowed the costs of the first appearance. (8th May 1845; Ord. 36.) tered for him. RULE *10. Attachment, Messenger, and Serjeant-at *10. No attachment for want of appearance shall hereafter be issued, without a special order of the Court; and no order shall be made for a messenger, or for the SerjeantArms to compel at-Arms, to take the body of the defendant, for the purpose of compelling him to appear to the bill. (26th Aug. 1841; Ord. 7.) appearance. RULE 11. of bill on formal parties. II.—In the case of Formal Parties. 11. Where no account, payment, conveyance, or other Service of copy direct relief is sought against a party to a suit, it shall not be necessary for the plaintiff to require such party, not being an infant, to appear to the bill; but the plaintiff shall be at liberty to serve such party, not being an infant, with a copy of the bill, whether the same be an original, or amended, or supplemental bill, without any indorsement requiring such party to appear thereto; and such bill, as against such party, shall pray that such party, upon being served with a copy of the bill, may be bound by all the proceedings in the cause. But this Rule shall not prevent the plaintiff from requiring a party against whom no account, payment, conveyance, or other direct relief is sought, to appear to the bill, or from prosecuting the suit against such party in the ordinary way, if he shall think fit. (26th Aug. 1841; Ord. 23.) RULE 12. Memorandum of service of copy of bill to be entered. 12. Where a plaintiff serves a defendant with a copy of the bill under the 11th Rule of this Order, he shall cause a memorandum of such service and of the time when such service was made, to be entered in the Record and Writ Clerks' Office, first obtaining an order of the Court for leave to make such entry, which order shall be obtained upon motion without notice, upon the Court being satisfied ORDER X. Service of copy of Bill, and Appearance. bill. RULE 13. of a copy of the bill having been so served, and of the time when the service was made. (26th Aug. 1841; Ord. 24.) 13. Where a defendant is served with a copy of the bill, under the 11th Rule of this Order, and a memorandum of such service is duly entered, and such de- Effect of serving defendant fendant does not, within the time limited by the practice with copy of of the Court for that purpose, enter an appearance in common form, or a special appearance under the 15th Rule of this Order; the plaintiff shall be at liberty to proceed in the cause, as if the party served with a copy of the bill were not a party thereto, and the party so served shall be bound by all the proceedings in the cause, in the same manner as if he had appeared to and answered the bill. (26th Aug. 1841; Ord. 25.) RULE 14. common apand 14. Where a party served with a copy of the bill under the 11th Rule of this Order, desires the suit to be pro- with copy of Party served secuted against him in the ordinary way, he shall be entitled bill may enter to have it so prosecuted; and in that case he shall enter an appearance in the common form, and the suit shall then be have suit proseprosecuted against him in the ordinary way. But the costs nary way. occasioned thereby shall be paid by the party so appearing, Costs. unless the Court shall otherwise direct. (26th Aug. 1841; Ord. 26.) cuted in ordi RULE 15. Such party may enter special be served 15. Where a party served with a copy of the bill under the 11th Rule of this Order, desires to be served with a notice of the proceedings in the cause, but not otherwise to appearance, and have the same prosecuted against himself, he shall be with notice of at liberty to enter a special appearance in the following all proceedings. form; (that is to say), "A. B. appears to the bill for the purpose of being served with notice of all proceedings therein." And thereupon, the party entering such appearance shall be entitled to be served with notice of all proceedings in the cause, and to appear thereon. But the costs occasioned thereby shall be paid by the party en- Costs. tering such appearance, unless the Court shall otherwise direct. (26th Aug. 1841; Ord. 27.) RULE 16. 16. No party shall enter either a common or special appearance under the 14th or 15th Rule of this Order, after Order for enter ORDER X. the expiration of twelve days from the service of the copy of Service of copy the bill, without first obtaining an order of the Court for of Bill, and Appearance. that purpose; such order to be obtained on notice to the ing common or plaintiff, and to be granted, if the Court shall think fit, upon special appear such terms as are just. And any party so entering such Party entering common or special appearance shall be bound by all the same bound by proceedings in the cause prior to such appearance being entered, unless the Court shall otherwise direct. (8th May 1845; Ord. 37; and Ord. 16, Art. 5.) ance. prior proceed. ings. RULE 17. Time for service 17. The service of a copy of a bill upon a defendant, under of copy of bill. the 11th Rule of this Order, shall be of no validity if not made within twelve weeks from the filing of such bill, unless the Court shall give leave for such service to be made after the expiration of such twelve weeks. (8th May 1845; Ord. 16, Art. 2.) RULE 18. Service out of bill. 18. Where the plaintiff omits to serve any defendtime of copy of ant with a copy of the bill under the 11th Rule of this Order, within twelve weeks from the filing of such bill, the Court may, if it 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 shall seem just. (8th May 1845; Ord. 28.) ORDER XI. Interrogatories. RULE 1. Form. RULE 2. ORDER XI. INTERROGATORIES. 1. The interrogatories for the examination of the defendant to a bill may be in a form similar to the form set out in Schedule (B.), with such variations as the nature and circumstances of each particular case may require. (7th Aug. 1852, 1st Set, Ord. 15.) 2. Where the plaintiff requires an answer to any bill Time for filing from any defendant or defendants thereto, the interroga interrogatories. tories for the examination of such defendant or defendants |