(3) GENERAL ORDER OF THE COURT OF CHANCERY, THE Right Honourable John Singleton Lord Lyndhurst, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Henry Lord Langdale, Master of the Rolls, the Right Honourable Sir Lancelot Shadwell, Vice-Chancellor of England, the Honourable the Vice-Chancellor James Lewis Knight Bruce, and the Houourable the ViceChancellor James Wigram, and in pursuance of an act passed in the fifth year of the reign of her present Majesty, intituled, "An Act to make further Provisions for the Administration of Justice," doth hereby order and direct in manner following, that is to say That the affidavit required by the second of the Orders of the 17th day of November, 1841, shall, instead of being in the form set out at the foot of those Orders, be in the form following : A. B. [the name of the party or parties in whose behalf the writ issued out] v. The Governor and Company of the Bank of England. I, of do solemnly swear that, according to the best of my knowledge, information and belief, I am [or, if the affidavit is made by the solicitor, A. B. of is] beneficially interested in the stock hereinafter particularly described, that is to say [here specify the amount of the stock to be affected by the writ, and the name or names of the person or persons, or body politic or corporate, in whose name or names the same shall be standing]. (Signed) LYNDHURST, C. LANCELOT SHADWELL, V. C. GENERAL ORDERS OF THE COURT OF CHANCERY, THE Right Honourable John Singleton Lord Lyndhurst, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Henry Lord Langdale, Master of the Rolls, the Right Honourable Sir Lancelot Shadwell, Vice-Chancellor of England, the Right Honourable the Vice-Chancellor Sir James Lewis Knight Bruce, and the Right Honourable the Vice-Chancellor Sir James Wigram, doth hereby, in pursuance of an act of parliament passed in the fourth year of the reign of her present Majesty, intituled, "An Act for facilitating the Administration of Justice in the Court of Chancery," and of an act passed in the fourth and fifth years of the reign of her present Majesty, intituled, "An Act to amend an Act of the fourth year of the reign of her present Majesty, intituled, 'An Act for facilitating the Administration of Justice in the Court of Chancery,'" order and direct in manner following, that is to say I. That in cases where the defendant shall not have put in his answer in due time after appearance, and the plaintiff shall be unable with due diligence to procure a writ of attachment to be executed against such defendant, by reason of his being out of the jurisdiction of the Court, or being concealed, or for any other cause, then such defendant shall, for the purposes of this Order, be deemed to have absconded to avoid the process of this Court. That in cases where any defendant, who may be so deemed to have absconded, shall have appeared by his own Clerk in Court, or an appearance having been entered for him under the eighth of the Orders of the 26th day of August, 1841, he shall have afterwards appeared by his own Clerk in Court, the plaintiff may serve upon such Clerk in Court a notice, that on a day in such notice named (being not less than fourteen days after the service of such notice), the Court will be moved, that the bill may be taken pro confesso against such defendant; and the plaintiff is, upon the hearing of such motion, to satisfy the Court that such defendant ought, under the provisions of this Order, to be deemed to have absconded, and the Court being so satisfied, and the answer not being filed, may, if it shall so think fit, order the bill to be taken pro confesso against such defendant, either immediately, or at such time or upon such further notice as under the circumstances of the case the Court may think proper. That in cases where any defendant, who may be so deemed to have absconded, shall have had an appearance entered for him under the eighth of the Orders of the 26th day of August, 1841, and he shall not afterwards have appeared by his own Clerk in Court, the plaintiff may cause to be inserted in the London Gazette a notice, that on a day in such notice named (being not less than four weeks after the first insertion of such notice in the London Gazette), the Court will be moved, that the bill may be taken pro confesso against such defendant, and the plaintiff is upon the hearing of such motion to satisfy the Court that such defendant ought, under the provisions of this Order, to be deemed to have absconded, and that such notice of motion has been inserted in the London Gazette at least once in every week from the time of the first insertion thereof, up to the time for which the said notice shall have been given, and the Court being so satisfied, and the answer not having been filed, may, if it shall so think fit, order the bill to be taken pro confesso against such defendant, either immediately, or at such time, or upon such further notice as under the circumstances of the case the Court may think proper. II. That upon default by an infant defendant 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 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 infant defendant was at the time of serving the subpoena, and was also served upon or left at the dwelling-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 service shall not be the father or guardian of the infant, unless the Court at the time of hearing such motion shall think fit to dispense with such last-mentioned service. III. That the plaintiff shall, without special leave of the Court, be at liberty to serve any notice of motion, or other notice, or any petition, personally or at the dwelling-house or office of any defendant, who having been duly served with subpoena to appear to and answer the bill shall not have caused an appearance to be entered by his own Clerk in Court at the time for that purpose limited by the General Orders of the Court. IV. That the first, second, third, fourth, and fifth of |