with Parties in S. 4. Parties in custody to be served a copy of the decree before any process taken out to compel the performance thereof. custody to be be served with The following shows the course of proceeding for taking a bill pro confesso where the defendant absconds. In Baker v. Keen, 4 Sim. 493, the bill was filed on the 29th of October, 1832. On the 24th January, 1833, Mr. Simons, for the plaintiffs, obtained an order on motion, supported by affidavit, that the defendant had absconded and gone beyond the seas, that the defendant should appear to the bill on or before the 1st of March then next. On the 7th of March, 1833, it appearing by production of the London Gazette and by affidavit, that the directions of the act had been complied with, but that the defendant had not appeared, an order was made on motion that the plaintiff''s clerk in court should attend at the hearing of the cause with the record of the bill, in order to have the same taken pro confesso. The cause having been set down for hearing, it was ordered, on motion, on the 23d March, 1833, to be placed at the head of the paper of causes for the 27th of that month, and that the plaintiff's clerk in court should then attend with the record. Accordingly on that day the clerk in court attended, and a decree pro confesso was taken. As to the course of proceeding for taking a bill pro confesso against a corporation, see Brickwood v. Harvey, 8 Sim. 201. In a case where the attorney-general had not put in his answer within a reasonable time, the Court ordered that he should put in his answer within a week after service of the order, or that the bill should be taken pro confesso against him.-Groom v. Attorney-General and others, 9 Sim. 324. An insufficient answer will not prevent a bill being taken pro confesso.-Turner v. Turner, 1 Dick. 316. So if a bill be amended after answer, and no answer be put in to the amended bill, the plaintiff is entitled to a decree pro confesso.-Jopling v. Stuart, 4 Ves. 619. copy of de cree. 5 G. 2, c. 25, 8. 3. Defendant returning years after served with and in case of heir or exe cutor to be 5 G. 2, c. 25, served. 8. 4. S. 5. If any person, being out of the realm, within seven or absconding at the time of such decree being decree to be pronounced, shall within seven years after the copy of it; making such decree, return, or become publicly his death, his visible, then he shall be served with a copy of such decree within a reasonable time; and in case he shall die within the seven years before his return, or appearing openly, or shall die in custody within such period before being served with a copy of such decree, then his heir or executor, according to the nature of the property sequestered, or if such heir be a feme coverte, infant, or non compos mentis, then the husband, guardian, or committee of such heir shall be served with a copy of such decree within a reasonable time after the death of the defendant and who is his heir, executor or administrator, shall be known to the plaintiff. Decree to stand absolutely con S. 6. Persons not petitioning for a rehearing within six months after being served with a petition for copy of such a decree, the same to stand absolutely confirmed. firmed, if no rehearing within six months after service of it. 5 Geo. 2, c. 25, s. 5. Defendant petitioning for rehearing, S. 7. But if any person so served shall within six months after such service, or not and paying being so served shall within seven years next after the making of such decree, petition for a rehearing and pay, or give security for payment of such costs as the Court shall think reason costs, to be ad mitted to an swer and defend as if no decree; 5 Geo. 2, c. 25, s. 6. able, then he, or his representatives, or any person claiming under him, by virtue of any act done before the commencement of the suit, may be admitted to answer the bill, and the cause will proceed to a hearing in the same manner as if no decree had been made. within seven to stand ab S. 8. And if he, his heirs, executors, or admi- If no petition nistrators, shall not petition within seven years, years, decree such decree to stand absolutely confirmed, and solutely conthe Court may make such further order as shall 5 Geo. 2, be just. firmed. c. 25, s. 7. yond seas not unless in Eng. two years be. S. 9. But persons beyond the seas not to be Persons beaffected, unless it shall appear to the satis- to be affected, faction of the Court, by affidavit, that such per- land within sons had been in England within two years next fore subpœna before the subpœna in such suit issued against 5 Geo. 2, such persons. issued. c. 25, s. 8. to Courts of ing limited unless &c. S. 10. And the before abstracted provisions Not to extend not to extend to make good any proceedings Equity, havagainst any person in any Court of Equity jurisdiction, having a limited jurisdiction, unless it shall ap- 5 Geo. 2, pear to the satisfaction of such Court, on affida- c. 25, s. 9. vit, that such person had resided within the jurisdiction of the Court within one year next before such subpoena issued. S. 11. If any defendant, by virtue of any Defendant refusing to appear when writ of habeas corpus, or other process, issuing brought into Court by ha- out of any Court of Equity, be brought into beas corpus, contempt, Court may appoint clerk to enter ap proceed in the cause. 5 Geo. 2, or being in' Court, and refuse, or neglect, or being in prison under an attachment, or other process of conin Court, &c. tempt, shall, after fourteen days' notice in writing pearance, and requiring him to enter an appearance, refuse, or neglect, to enter his appearance, or to appoint a clerk in Court, or attorney of such Court, to act on his behalf, then such Court may appoint a clerk in Court, &c. and such proceedings may be had in the cause as if such party had actually appeared (a). c. 25, s. 2. S. 12. So if defendant, having privilege of parliament, neglect to appear on return of process of sequestration issued against him for not appearing, the Court may, on motion, or other application of plaintiff, upon producing the return of such sequestration in Court, appoint a (a) In Williams v. Jones, 8 Sim. 471, the plaintiff served the defendant, who was in custody for want of appearance, with notice to enter her appearance within fourteen days; and on her not having done so, he moved that the junior six clerk might be directed to enter an appearance for her. In the mean time, however, she had been discharged, because the plaintiff had not brought her to the bar of the Court within thirty days from the time of her being in custody, according to Rule 5, p. 143, post: Held that, as the defendant was no longer in custody, the Court had no authority to make the order. The fourteen days mentioned in this section are exclusive of the first, and inclusive of the last day.-Ansdell v. Whitfield, 6 Sim. 356. clerk in Court to enter an appearance for such defendant, and such proceedings may be therehad as if the party had actually appeared. upon covery to be confesso and dence, if de to answer ance. S. 13. And when such defendant shall have Bill of disappeared to any bill for discovery, or an appear- taken pro ance shall have been entered for him, according given in evito the provisions aforesaid, and he shall refuse, fendant refuse or neglect, to put in his answer within the time after appearallowed by the rules and orders of the Court, 45 Geo. 3, the plaintiff may obtain an order that the bill be taken pro confesso, unless the defendant, within eight days after being served with the order, show good cause to the contrary. c. 124, s. 5. pro confesso, S. 14. And every bill so taken pro confesso, Bill taken or an examined copy thereof, may be given in may be read evidence as to all such facts and circumstances, in evidence as an answer admitting 45 Geo. 3, and on behalf of such persons as the answer the facts. would have been evidence of, if the same had c. 124, s. 6. been put in, and had admitted the same facts and circumstances, and so with regard to every other bill of discovery taken pro confesso under the provisions of the Act. S. 15. The following rules and regulations to be adopted by the Court of Chancery for taking bills pro confesso, viz. :— non est in 1. When an attachment shall have is- On return of sued against a defendant for a contempt in ventus to at tachment for |