ORDER OF COURT, April 11, 1842.

I. That in cases where the defendant shall not have put in his answer in due time after appearance, and the plaintiff shall be unable with due diligence to procure a Writ of Attachment 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 shall, for the purposes of this Order, be deemed to have absconded to avoid the process of this Court.

That in cases where any defendant, who may be so deemed to have absconded, shall have appeared by his own Clerk in Court, or, an appearance having been entered for him under the eighth of the Orders of the 26th day of August, 1841, he shall have afterwards appeared by his own Clerk in Court, the plaintiff may serve upon such Clerk in Court a notice, that on a day in such notice named (being not less 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 this Order, to be deemed to have absconded, and the Court being so satisfied, and the answer not being filed, may, if it shall so think 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.

That in cases where any defendant, who may be so deemed to have absconded, shall have had an appearance entered for him under the eighth of the Orders of the 26th day of August, 1841, and he shall not afterwards have appeared by his own Clerk in Court, the plaintiff may cause to be inserted in the London Gazette a notice, 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 this Order, to be deemed to have absconded, 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 shall have been given, and the Court being so satisfied, and the answer not having been filed, may, if it shall so think 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.

II. That upon default by an infant defendant in not appearing to, or not answering the Bill, the Court may, upon motion, order that the Senior Six Clerk not towards the cause may be assigned guardian of such infant defendant, by whom he may appear to and answer; or may answer the Bill and defend the suit upon the Court being satisfied that such defendant is an infant, and if the infant has not appeared, that the Subpoena to appear to and answer the Bill was duly served; and (whether the infant has appeared or not), that a notice of such motion was (after the expiration of the time for appearing to or answering the Bill, and at least six clear days before the hearing of such motion,) served upon or left at the dwelling-house of the person, with whom or under whose care such infant defendant was at the time of serving the Subpoena, and was also served upon or left at the dwelling-house of the father or guardian (if any) of such infant, where the person with whom or under whose care the infant was at the time of such service shall not be the father or guardian of the infant, unless the Court at the time of hearing such motion shall think fit to dispense with such last mentioned service.

III. That the plaintiff shall, without special leave of the Court, be at liberty to serve any notice of motion,

or other notice, or any petition, personally or at the dwelling-house or office of any defendant, who having been duly served with Subpoena to appear to and answer the Bill shall not have caused an appearance to be entered by his own Clerk in Court at the time for that purpose limited by the General Orders of the Court.

IV. That the first, second, third, fourth, and fifth of the Orders of the 26th day of August, 1841, shall not take effect until further order.

V. That the twenty-second of the Orders of the 26th day of August, 1841, shall be suspended until further order.

VI. That the Orders of the 26th day of August, 1841, shall be amended as to numbers X. XI. XII. and XLVII. in manner following; (that is to say,)

X. That no Writ of Execution shall hereafter be issued for the purpose of requiring or compelling obedience to any Order or Decree of the High Court of Chancery; but that the party required by any such Order or Decree to do any act, shall upon being duly served with such Order or Decree, be held bound to do such act in obedience to the Order or Decree.

XI. That if any party, who is by an Order or Decree ordered to pay money or to do any other act in a limited time, shall, after due service of such Order or Decree, refuse or neglect to obey the same according to the exigency thereof, the party prosecuting such Order or Decree shall at the expiration of the time limited for the performance thereof, be entitled to a Writ or Writs of Attachment against the disobedient party; and in case such party shall be taken or detained in custody under any such Writ of Attachment without obeying the same Order or Decree, then the party prosecuting the same Order or Decree shall, upon the Sheriff's return that the party has been so taken or detained, be entitled to

a Commission of Sequestration against the estate and effects of the disobedient party; and in case the Sheriff shall make the return non est inventus to such Writ or Writs of Attachment, the party prosecuting the same Order or Decree shall be entitled, at his option, either to a Commission of Sequestration in the first instance, or otherwise to an Order for the Serjeant-at-Arms, and to such other process as he hath hitherto been entitled to upon a return non est inventus made by the Commissioners named in a Commission of Rebellion issued for the nonperformance of an Order or Decree.

XII. That every Order or Decree requiring any party to do an act thereby ordered shall state the time or the time after service of the Order or Decree, within which the act is to be done; and that upon the copy of the Order or Decree which shall be served upon the party required to obey the same there shall be endorsed a memorandum in the words or to the effect following,

66 If you the within named A. B. neglect to obey this Order (or Decree) by the time therein limited, you will be liable to be arrested under a Writ of Attachment issued out of the High Court of Chancery, or by the Serjeant-at-Arms attending the same Court, and also be liable to have your estate sequestered for the purpose of compelling you to obey the same Order (or Decree).”

XLVII. That a creditor who has come in and established his debt before the Master, under a Decree or Order in a suit, shall be entitled to the costs of so establishing his debt; and the sum to be allowed for such costs shall be fixed by the Master, without taxation, at the time the Master allows the debt of such creditor, unless the Master shall think that such costs ought to be taxed in the regular mode, in which case the same shall be so taxed by the Master, and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established.

STATUTES.

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11 GEO. IV. & 1 WILL. IV. c. 36.

An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso. [16th July, 1830.]

WHEREAS by two several Acts, the one passed in the fifth year ' of the reign of his late Majesty George the Second, intituled An 'Act for making Process in Courts of Equity effectual against Persons 'who abscond and cannot be served therewith, or refuse to appear; ' and the other, passed in the forty-fifth year of the reign of his 'late Majesty King George the Third, intituled An Act to amend an Act passed in the Fourth Year of His present Majesty, intituled "An Act for preventing Inconveniences arising in Cases of MerI chants, and such other Persons as are within the Description of the 'Statutes relating to Bankrupts, being entitled to Privilege of Parliament and becoming insolvent, and to prevent Delay in the entering Appearances in Actions brought against Persons having Privilege of Parliament;" certain provisions were made for entering appearances and taking bills in equity pro confesso: And whereas it is expedient to alter and amend and to consolidate the laws on that subject; and it is also expedient to alter and amend the law re'lating to commitments by Courts of Equity for contempts;' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That the whole of the said recited Act of the fifth year of King George the Second, and so much of the said recited Act of the forty-fifth year of his late Majesty George the Third, as relates to Courts of Equity, and the reading of Bills of Discovery as evidence, shall be and the same are hereby repealed; but so as not to affect any thing done or executed in pursuance thereof respectively; and any suit, matter, or thing now in progress under the authority of the said Acts respectively, and not completed, shall or may be completed under the powers of this Act; and all the powers of this Act shall or may be exercised as well in regard to new suits, commitments, discharges, conveyances, fines, recoveries, matters, or things, as to suits, commitments, discharges, conveyances, fines, recoveries, matters, or things now subsisting or remaining to be made, done, or perfected, whether the powers of the said Acts or any of them respectively shall or shall not have been applied thereto.