The Record And Writ Practice of the Court of Chancery : Comprising the Several Forms Used in Proceedings in the Record And Writ Clerks' Office, With Practical Directions And Observations
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It will be seen from the language of the return, that it is to be indorsed on the commission itself.
Upon such a return, the party prosecuting the contempt, if he wishes to have another sequestration, or any further or other remedy, must apply specially to the Court.
292 PKO CONFESSO AGAINST ABSCONDING DEFENDANT.
OBTAINING ORDER TO TAKE BILL PRO CONFESSO.
AGAINST AN ABSCONDING DEFENDANT.
1. Foe Want of Appearance.
If a plaintiff desires to take the bill pro confesso against a defendant for want... of appearance, he can only do so under the provisions of the 3rd section of the Act 1st Will. 4, c. 36 ; the General Orders of the 8th May, 1845, being exclusively applic- able to cases where the bill is to be taken pro confesso /or want of answer, (a) The following is the section referred to : — " If, in any suit commenced in any court of equity, any de- fendant against whom process to appear shall issue (6), shall not cause his appearance to be entered upon such process within due time as the same ought to have been entered, in case mmh process had heen duly served, and an affidavit or affidavits shall be made to the satisfaction of the Court that such de- fendant is beyond the seas, or that upon inquiry at his usual place of abode he couldnot he found, so as to be served loith such pro- cess, and that there is just ground to believe that such defendant is gone out of the realm, or otherwise absconded, to avoid being served with the process of such court ; then the court out of which such process issued may make an order, directing and appoint- ing such defendant to appear at a certain day therein to be named, and a copy of such order is, within fourteen days after such order made, to be inserted in the " London Gazette," and published on some Lord's Day, immediately after Divine service, in the parish church of the parish where such defend- (a) The provisions of Order 31, 8th May, 1845, are not so extensive as those of sec.
What to read after The Record And Writ Practice of the Court of Chancery : Comprising the Several Forms Used in Proceedings in the Record And Writ Clerks' Office, With Practical Directions And Observations?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of Chancery to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It will be seen from the language of the return, that it is to be indorsed on the commission itself.
Upon such a return, the party prosecuting the contempt, if he wishes to have another sequestration, or any further or other remedy, must apply specially to the Court.
292 PKO CONFESSO AGAINST ABSCONDING DEFENDANT.
OBTAINING ORDER TO TAKE BILL PRO CONFESSO.
AGAINST AN ABSCONDING DEFENDANT.
1. Foe Want of Appearance.
If a plaintiff desires to take the bill pro confesso against a defendant for want... of appearance, he can only do so under the provisions of the 3rd section of the Act 1st Will. 4, c. 36 ; the General Orders of the 8th May, 1845, being exclusively applic- able to cases where the bill is to be taken pro confesso /or want of answer, (a) The following is the section referred to : — " If, in any suit commenced in any court of equity, any de- fendant against whom process to appear shall issue (6), shall not cause his appearance to be entered upon such process within due time as the same ought to have been entered, in case mmh process had heen duly served, and an affidavit or affidavits shall be made to the satisfaction of the Court that such de- fendant is beyond the seas, or that upon inquiry at his usual place of abode he couldnot he found, so as to be served loith such pro- cess, and that there is just ground to believe that such defendant is gone out of the realm, or otherwise absconded, to avoid being served with the process of such court ; then the court out of which such process issued may make an order, directing and appoint- ing such defendant to appear at a certain day therein to be named, and a copy of such order is, within fourteen days after such order made, to be inserted in the " London Gazette," and published on some Lord's Day, immediately after Divine service, in the parish church of the parish where such defend- (a) The provisions of Order 31, 8th May, 1845, are not so extensive as those of sec.
What to read after The Record And Writ Practice of the Court of Chancery : Comprising the Several Forms Used in Proceedings in the Record And Writ Clerks' Office, With Practical Directions And Observations?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of Chancery to read onlineMoreLess
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