for contempt, plaintiff may put in answer for him. Or Court answers. twenty-one days, plaintiff may, with leave of the Court, on ten days' previous notice to the defendant, after the expiration of such twenty-one days, instead of proceeding to have the bill taken pro confesso, put in an answer for the defendant without oath or signature, which, besides the formal parts, shall state that the defendant leaves the plaintiff to make such proofs of the several matters in the bill alleged as he shall be able or be advised, and submits his interests to the Court; and thereupon the suit shall proceed in the same manner as if such answer were really the answer of the defendant with which the plaintiff was satisfied; and the costs of the contempt and of putting in such answer may be provided for in like manner as if the defendant himself had put in such answer. 12. Where, upon application of the plaintiff, the Court shall be satisfied that justice cannot be done to the plaintiff without an answer to the bill, or to the interrogatories, from the defendant himself, the Court may order the defendant to remain in custody until answer or further order, but without prejudice to the plaintiff's availing himself of any of the provisions of the Act. 13. Where defendant is in contempt for in contempt tody for not not answer taken pro less he appear within twen and answer not appearing or not answering, and in Defendant actual custody under process for such con- and in custempt, or being already in custody shall be appearing or detained by an attachment for such con- ing, bill to be tempt, and shall not, where the contempt confesso, unis for not appearing, enter an appearance ty-one days, within twenty-one days after he is lodged within two in prison, or the attachment is lodged months. against him, as the case may be, or where the contempt is for not answering, put in an answer within two calendar months after he is lodged in prison or the attachment is lodged against him, the plaintiff shall, within fourteen days after the period computed from the expiration of such twentyone days within which he may by the provisions of the Act be able to enter such appearance, cause an appearance to be entered for the defendant (a), and at the expiration of such two calendar months proceed to take the bill pro confesso, and (a) A defendant being in custody for want of appearance, the plaintiff suffered the thirty-five days to elapse without an appearance for him: Held, that defendant, from the expiration of that period being entitled to his discharge, was illegally in custody, and that it was not competent to plaintiff, having subsequently entered an appearance, to detain him by an attachment for want of answer. This rule and the 5th regard different subject matters, and are to be applied independently of each other.-Lewis v. Edwards; Same v. Evans, Jur. v. 5, p. 546. Defendant not compellable to take office copy of bill. obtain an order for taking the same pro confesso within six weeks after the period computed from the expiration of such two calendar months within which he may be able to take the same pro confesso, or in default, the defendant, on application to the Court, be entitled to be discharged out of custody, without paying any of the costs of the contempt, unless the Court see good cause to remand him (a). 14. Defendant not to be compellable to take an office copy of the bill, but the clerk in court may require him, before the answer is filed, to make an affidavit denying his ability in consequence of poverty to pay for an office copy. 15. When any person shall have been (a) Where a plaintiff wishes to have an appearance entered for a defendant under this rule, he must make a motion for the purpose.-Pitman v. Lockyer, 7 Sim. 528. A cause may be advanced for the purpose of taking the bill pro confesso.-Barwick v. Ward, 5 Sim. 666. A party in contempt is entitled to be heard in Court, to show that proceedings against him subsequently to the Order placing him in contempt have been irregular. Upon the proceedings under a decree taking the bill pro confesso for want of answer, in a foreclosure suit, the defendant, notwithstanding he is in contempt, ought to be served with warrants to attend the Master. An order absolute in the first instance to confirm the report made under a decree, taken pro confesso for want of answer, is irregular.-King v. Bryant, 3 Myl. & Cr. 191. a custody for ing deed, &c. fine Court may order Master same. directed by any decree or order to execute Persons in any deed or other instrument, or make not executsurrender or transfer, or to levy a or suffer a recovery, and shall have re- to execute fused or neglected to do so, and shall have been committed to prison under process for such contempt, or being confined in prison for any other cause, shall have been charged with or detained under process for such contempt, and shall remain in such prison, the Court may, upon motion or petition, and upon affidavit that such person has after the expiration of two calendar months from the time of his being committed under, or charged with, or detained under such process, again refused to execute such deed or instrument, or make such surrender or transfer, or levy or suffer such fine or recovery, order or appoint one of the Masters in ordinary, or if the act is to be done out of London, then, if necessary, one of the Masters extraordinary, to execute such deed or other instrument, or to make such surrender or transfer for and in the name of such person, and to levy such fine or suffer such recovery in his name, and to do all acts necessary to give validity and operation to such fine and recovery, and to lead or declare the uses thereof; and the execution of the said 2 Where person committed for contempt in not delivering or depositing papers, &c. deed or other instrument, and the surrender or transfer made by the said Master, and the fine or recovery levied or suffered by him, shall in all respects have the same force and validity as if the same had been executed or made, levied or suffered by the party himself, and within ten days after the execution or making of any such deed or other instrument, or surrender, or transfer, or levying or suffering such fine or recovery, notice thereof shall be given by the adverse solicitor to the party in whose name the same is executed or made; and such party, as soon as the deed or other instrument, or surrender, transfer, fine or recovery shall be executed, made, levied, or suffered, shall be considered as having cleared his contempt, except as regards the payment of the costs of the contempt, and shall be entitled to be discharged therefrom under any of the provisions of this act applicable to his case; and the Court shall make such order as shall be just, touching the payment of the costs of or attending any such deed, surrender, instrument, transfer, fine or recovery. 16. Where a person shall be committed for a contempt in not delivering to any person or persons, or depositing in Court or elsewhere, as by any order may be di |