The service of the Subpoena is generally, as we have stated, a personal service; but there are cases where leaving the copy at the residence of the Defendant, and the like, is deemed good service. It is recommended, however, that the service be personal in every case when it can be effected ; but, were it peremptory in every case, the ends of justice might be defeated by the concealment of a Defendant. There are cases in which service not personal has been held sufficient. See Earl Chesterfield vs. Bond. 2. Beaven, 263. Under the 20th Order (see post p. 29), it will be seen that the service, in order to enable the Plaintiff to appear for the Defendant, may be at his dwelling house or usual place of abode. Still it is apprehended that there must be some good reason for omitting to make the personal service. (See Pultney vs. Skelton, 5 Vesey, 147). When service of Subpoena not personal. service. Under special circumstances the Court may order Substitutional service of a Subpoena on the Agent or Solicitor of the Defendant. The following are some of the cases on the subject:-Smith vs. H. M. Co., 1 Schoales & Lefroy, 238; Bromley vs. Bank of England, 7 Jurist, 120; Hobhouse vs. Courtney, 12 Simons, 140; Murray vs. Vibait, 1 Phillips, 521; Cooper vs. Wood, 5 Beaven, 391; Woodall vs. Walker, 3 Hare, 339; Hornby vs. Holmes, 4 Hare, 306; Cope vs. Russell, 11 Jurist, 463; Hurst vs. Hurst, 12 Jurist, 152; Waterton vs. Croft, 5 Simons, 502; Kinder vs. Forbes, 2 Beaven, 503; Lane vs. Hardwicke, 5 Beaven, 222. After amendment of a Bill, it is sufficient, as regards all Defendants to the Original Bill who have appeared to it, that the Subpoena to answer be served on the Solicitor for such Defendants, the 14th Order of June, 1837, remaining, in that respect, in force. That Order is as fol lows: XIV. That service on the Solicitor of any Subpoena to rejoin, or to answer an amended Bill, or to hear judgment, shall be deemed good service. That part of the above Order relating to Subpoenas to rejoin needs not be attended to, for that writ was abolished Service of Subpoena to amended Bills. Order of 1837. amended Bill. 1850. XIX. Form of subpoena to amended Bill by the 157th Order of 1845, and although that Order is among the Orders rescinded by the Orders of 1850, the Subpoena to rejoin is not now necessary, but the cause may be at once set down after replication, and proceeded with By Subpoena to hear Judgment, as hereafter shown. The above Order (14th of 1837) is in the precise words of the English Order, 26th of May, 1845, under which it has been decided that the Order is not applicable where the Defendant is abroad and his Solicitor only was served; (Marquis of Hertford vs. Suisse, 13 Sim., 489.) In the case of a Corporation, service on any member is Isaid to be sufficient. In default of appearance the Defendant cannot be attached as formerly, but the Plaintiff is enabled to appear for him, and proceed with his cause. The following rule abolishes process of contempt for non-appearance. All process of contempt for the purpose of compelling appearance is hereby abolished. The form of the subpoena to answer an amended bill differs from the above form, where the Defendant to whom it is directed is already a Defendant to the original bill. As respects such Defendant, the writ is as follows :-- We command you, that within days after the service of this writ upon you, exclusive of the day of such service, you do answer the amended bill of complaint exhibited against you in our Court of Chancery of Upper Canada, by and observe what our said Court shall direct in that behalf. Witness the Honorable William Hume Blake our Chancellor, day of of our reign. (Name of Registrar.) year Registrar. Memorandum at the foot. The Bill of complaint filed against you by has been amended by Order bearing date If you do not answer or demur to the said Bill, or obtain further time for that purpose, within days after the service of this writ upon you, exclusive of the day of such service, the Plaintiff will be at liberty to file his replication. Where a New Defendant is added, the writ, it would seem, should be in the form first given, putting the word "amended" before the word "bill." For such New Defendant is entitled to his time to appear as well as answer, CHAPTER IV. The Appearance. Orders of 1850. XX. Appearance, The Subpoena having been duly served, the Defendant must within the limited time enter his appearance, as in and proceed the Subpoena directed, or the Plaintiff may appear for ings in default of appearance. him, and in default of answer may proceed to a hearing of the cause, as if the statements in the Bill were admitted, Order XX. or traversed, in the manner prescribed by the Orders presently following. The time limited for appearance in ordinary cases is fourteen days, under the following Orders :-(The Italics show where the words differ from those of the English Order 29th). If any defendant, not appearing to be an infant, or a person of weak or unsound mind, unable of himself to defend the suit, shall, when within the jurisdiction of the Court, be duly served with a subpœna to appear and answer a bill, and shall refuse or neglect to appear thereto within fourteen days after such service, the plaintiff may, after the expiration of such fourteen days, and within four weeks from the time of such service,apply to the Registrar If after four to enter an appearance for such defendant; and, no apapplication to pearance having been entered, the Registrar 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 four weeks, or after the time allowed to such defendant for appearing has expired, in any case in which the Registrar weeks, then an the Court. is not hereby required to enter such appearance, the plaintiff may apply to the Court for leave to enter 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 think fit, order the same accordingly. Any appearance entered at the instance of the plaintiff for a defendant, who at the time of the entry thereof shall be an infant, or person of weak or unsound mind, unable of himself to defend the suit, shall be irregular and of no validity. XXI. Guardian. If upon default, made by a defendant, in not appearing Appointment of to or not answering a bill, it appear to the Court that such defendant is an infant, or 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. pœna and notice before appointment of Guardian. But no such Order is to be made unless it appears to Service of Subthe Court on the hearing of such application, that the subpoena to appear and answer the bill was duly served, and that notice of such application was after the expiration of the time allowed for appearing 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 subpoena, and (in the case of such person 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 dwellinghouse 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 notice. The English Orders on this practice are as follow:- English Orders Order 29 of 1845 corresponds to the above Order 20, on this practice. and is as follows :-(the parts differing from the words of the above Orders are Italicised). XXIX. If any Defendant, not appearing to be an infant or a English Order 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 |