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a term is used which embraces using as well as obtaining the Order, it is not necessary to express the necessity of service.--Taylor v. Harrison (a).

Default of Solicitor.]—The Court will not, without consent, relieve a party who has failed to comply with the exigency of an Order, through the ignorance, or mistake, of his solicitor.-Walmesley v. Froud (b).

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The Acts of 11 Geo.4 & 1 Will. 4, c. 36, and

2 Will. 4, c. 58, relating to Commitments by Courts of Equity for Contempts, and taking Bills pro confesso; and the 28 3 Will. 4, c. 33, and 4 & 5 Will. 4, c. 82, relating to the Service of Process from the Courts of Chancery and Exchequer on persons out of the jurisdiction or evading the service of such process.

As to the 11 Geo. 4 & 1 Will. 4. c. 36, intituled “An

Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts and taking Bills pro confesso."

The effect of this statute is, as the title modestly intimates, to amend the law regarding commitments by courts of equity for contempts and taking bills pro confesso ; but various important objects, which can scarcely be understood, and cannot be properly appreciated, without an attentive perusal of its several provisions, have been accomplished by it. Of these not the least worthy of attention are, first, the benefits conferred upon poor and ignorant defendants to suits in equity, by relieving them from the horrors and contamination of a prison, and at the same time providing the means of properly bringing their rights under the consideration of the Court when they are unable from want of funds to defend themselves; and secondly, the power given to suitors of speedily enforcing their claims where defendants, through obstinacy, or other unworthy motives, seek to create unnecessary delay or expense.

The following are its enactinents :

5 Geo. 2,

c. 25.

45 Geo. 3, c. 124.

Sect. 1 recites, that by the 5 Geo. 2, c. 25, intituled “ An Act for making Process in Courts of Equity effectual against Persons who abscond and cannot be served therewith, or refuse to appear;" the 45 Geo.3, c. 124, 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 Merchants 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 that it was expedient to alter and amend the law relating to commitments by

5 Geo. 2, and

courts of equity for contempt, and enacts that the whole of the recited act, 5 Geo. 2, c. 25, and Recited act so much of 45 Geo. 3, c. 124, as relates to courts so much of of equity, and the reading bills of discovery as relates to evidence shall be repealed; but so as not to affect equity, and any thing done or executed in pursuance thereof bills of dis respectively; and that any suit, matter or thing dence rethen in progress under the said acts respectively and not completed, shall be completed under the powers of this act; and that all the powers of this act shall be exercised as well in regard to new suits, commitments, discharges, conveyances, fines, recoveries, matters or things subsisting or remaining to be made, done or perfected, whether the powers of the said acts or any of them respectively should or not have been applied thereto.

S. 2. The warden of the Fleet to keep a register of persons committed for contempt, and report the names and descriptions of all prisoners for contempt to the Lord Chancellor four

times a year.

S.3. After reciting that sometimes persons have withdrawn themselves beyond the seas, or otherwise absconded, to avoid appearing in courts of equity, or being served with process for that purpose, or being brought into Court by habeas corpus have refused to appear, enacts,

5 Geo. 2, c. 25, s. 1.

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served with

to appear within a certain time, and on his

that if in any suit which hath been or hereafter
shall be commenced in any court of equity, any
defendant against whom any subpoena or other
process shall issue shall not cause his

appearance to be entered within the time and in the If defendant manner prescribed by the rules of the Court in realm or ab- case such process had been duly served, and an avoid being affidavit or affidavits be made to the satisfaction process, an of the Court that such defendant is beyond the obtained di- seas, or that upon inquiry at his usual place of him

abode he could not be found so as to be served

with such process, and that there is just ground neglecting to to believe he is gone out of the realm, or otherto be taken wise absconded, to avoid being served with

such process, an order may be obtained direct-
ing and appointing such defendant to appear at
a certain day therein to be named, and a copy
of such order, within fourteen days after it
shall be made, shall be inserted in the London
Gazette, and published on some Lord's day im-
mediately after divine service in the parish
church(a) of the parish where such defendant
made his usual abode within thirty days next
before such his absenting; and also posted up


(a) In a case where the parish church being under repair the plaintiff could not comply with this part of the direction of the act, he was permitted, on the repairs of the church being completed, to move that the defendant might be ordered to appear to the bill on or before a certain day named in the order. Knowles v. Broom, 1 Ves. & B. 306.

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