-against married women.

-against infants.

When a bill is filed against husband and wife, and the wife neglects to appear, the attachment is issued against her husband as a matter of course, he being at liberty to enter an appearance for his wife. (See Travers v. Bulkley, 1 Ves. sen. 384).

The practice as regards infants has been altered by the 2nd Order of the 11th April, 1842. Prior to this Order, if no appearance had been entered for an infant, an attachment was sued out but not executed, the plaintiff being at liberty, on the attachment being sealed, before its return, to move for a messenger to bring the infant to the bar of the Court. On the infant being brought up, on the motion of plaintiff's counsel, the senior Six Clerk, not towards the cause, was ordered to appear and defend the suit for him; the plaintiff being at the cost of bringing up the infant and of his return, which was allowed him as costs in the cause; but now, by the order referred to, it is ordered, that "upon default by an infant defend'ant 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

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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 in'fant defendant was at the time of serving the sub'pœna, and was also served upon or left at the dwell'ing-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 ser'vice, shall not be the father or guardian of the in'fant, unless the Court at the time of hearing such 'motion shall think fit to dispense with such last' mentioned service."

sons of un

When an attachment has been issued against a against perperson of unsound mind, the sheriff should specially sound mind. return the fact; and if no one be willing to appear for the defendant, on the plaintiff's motion, the senior Clerk, not towards the cause, will be ordered to appear and answer for him.

CHAPTER X.

APPEARANCE.

1. Common Appearance, 64. 2. Special Appearance, 65.

SECTION 1.

Common Appearance.

THE manner of entering an appearance is by a note to the plaintiff's clerk in court as follows:

"Mr. S.

"Enter an appearance for A. B. at the suit of C. D."

(Solicitor's name and the date).

The clerkin court then enters the appearance ac- Mode of en

*

ance.

tering appear- cordingly, upon having ascertained, by a reference to the general Bill Book, whether such a bill has been actually filed. If the bill be actually filed he leaves a note with the plaintiff's clerk in court, informing him of the defendant's appearance; afterwards he goes into the study of the Six Clerk who filed the bill and takes it from the file, at the same time leaving a note with the Six Clerk and entering it in his book; but if a clerk in court have already appeared for any other defendant, the plaintiff's clerk in court is applied to for the purpose of learning what clerk in court appeared for the other defendant or defendants, and of him the bill is received and an office copy made therefrom.

Prior to the recent orders of Lords Cottenham and Langdale, if the defendant neglected or refused to enter an appearance, he was compelled to do so by the process of contempt explained in the preceding chapter. By these orders it is provided, "That no order shall hereafter be made for a messenger, or for the serjeantat-arms, to take the body of the defendant for the purpose of compelling him to appear to the bill." (7 C. & L.) And "That if the defendant, being duly 'served with a subpoena to appear to and answer the

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bill, shall refuse or neglect to appear thereto, the 'plaintiff shall, after the expiration of eight days from

such service, be at liberty to apply to the Court for ' leave to enter an appearance for the defendant. And the Court, being satisfied that the subpoena has been duly served, and that no appearance has been ' entered by the defendant, may give such leave accordingly; and that thereupon the plaintiff may 'cause an appearance to be entered for the defendant.

And thereupon such further proceedings may be had in the cause as if the defendant had actually ' appeared." (8 C. & L).

SECTION 2.

Special Appearance.

By the 27th (C. & L.) it is ordered, "That 'where a party shall be served with a copy of the 'bill under the 23rd Order, and shall desire to be 'served with a notice of the proceedings in the cause, 'but not otherwise to have the same prosecuted ' against himself, he shall be at liberty to enter a special appearance under the following form; (that is to say), 'A. B. appears to the bill for the 'purpose of being served with notice of all proceed'ings therein.' And thereupon, the party entering " such appearance shall be entitled to be served with ' notice of all proceedings in the cause, and to ap'pear thereon. But the costs occasioned thereby 'shall be paid by the party entering such appear'ance, unless the Court shall otherwise direct." And by the 28th (C. & L.), "That a party shall not 'be at liberty to enter such special appearance under 'the 27th Order, after the time limited by the prac'tice of the Court for appearing to a bill in the ordi'dinary course, without first obtaining an order of 'the Court for that purpose, such order to be ob'tained on notice to the plaintiff; and the party so ' entering such special appearance, shall be bound by 'all the proceedings in the cause, prior to such spe'cial appearance being so entered."

What is contempt of Court.

Exceptions to the rule that a party in contempt can

CHAPTER XI.

CONTEMPT OF COUrt.

A PARTY may commit a contempt of court either by neglecting or refusing to comply with its rules of practice, to obey its order or decree,—or by conduct tending to disparage the Court or its officers, or to impede its course in the due administration of justice. As where, pending proceedings in this Court, attacks on the plaintiff and his witnesses were published, representing those proceedings as vexatious, and that the witnesses had in their evidence been guilty of perjury; it was held, that this being calculated to disturb the free course of justice, was a contempt of court. (Littler v. Thomson, 2 Beav. 129.) So the sheriff's return of a caption and rescue is a sufficient ground, without affidavit, for an absolute order of commitment for contempt. Where a party previously in contempt for disobeying an order is taken into custody and committed to the Fleet for a contempt in effecting a rescue, the custody will be held to apply to both the contempts, and both must be cleared before the party can be discharged, and subsequent orders, up to a sequestration, proceeding upon such commitment are not vitiated because they refer to the original contempt only. (Blackwell v. Tatlow, 2 My. & Kee. 321).

According to an old rule of the Court, and as a general principle it is still true, a party in connot be heard. tempt cannot be heard except for the purpose of clearing his contempt. To this general rule, how