|
|
Manner of proceeding in case of Persons not appearing within the usual Time after Subpœna or other Process has been issued.
|
II. ‘And whereas sometimes Persons have withdrawn themselves beyond the Seas, or otherwise absconded, to avoid appearing in Courts of Equity, or being served with Process for that Purpose, or, being brought into Court by Habeas Corpus, have refused to appear;’ for Remedy of the Inconvenience thence ensuing, be it further enacted, That if in any Suit, not being for the Foreclosure of a Mortgage, which hath been or hereafter shall be commenced in any Court of Equity, any Defendant against whom any Subpœna or other Process shall issue shall not cause his Appearance to be entered upon such Process within such Time and in such Manner as according to the Rules of the Court the same ought to have been entered in case such Process had been duly served, and an Affidavit or Affidavits shall be made to the Satisfaction of such Court that such Defendant is beyond the Seas, or that upon Inquiry at his usual Place of Abode he could not be found so as to be served with such Process, and that there is just Ground to believe that such Defendant is gone out of the Realm, or has otherwise absconded to avoid being served with the Process of such Court, then and in such Case the Court out of which such Process issued may make an Order directing and appointing such Defendant to appear at a certain Day therein to be named; and a Copy of such Order shall, within Fourteen Days after such Order made, be inserted in the Dublin Gazette, and published on some Lord’s Day immediately after Divine Service in the Parish Church where such Defendant made his usual Abode within Thirty Days next before such his absenting, and also a Copy of such Order shall within the Time aforesaid be posted up in some public Place at the Royal Exchange in Dublin; and if the Defendant do not appear within the Time limited by such Order, or within such further Time as the Court shall appoint, then, on Proof made of such Publication of such Order as aforesaid, the Court, being satisfied of the Truth thereof, may order the Plaintiff’s Bill to be taken pro Confesso, and make such Decree thereupon as shall be thought just, and may thereupon issue Process to compel the Performance of such Decree, either by an immediate Sequestration of the Real and Personal Estate and Effects of the Party so absenting (if any such can be found), or such Part thereof as may be sufficient to satisfy the Demands of the Plaintiff in the said Suit, or by causing Possession of the Estate or Effects demanded by the Bill to be delivered to the Plaintiff, or otherwise, as the Nature of the Case shall require; and the said Court may likewise order such Plaintiff to be paid and satisfied his Demands out of the Estate or Effects so sequestered, according to the true Intent and Meaning of such Decree, such Plaintiff first giving sufficient Security in such Sum as the Court shall think proper to abide such Order touching the Restitution of such Estate or Effects as the Court shall think proper to make concerning the same upon the Defendant’s Appearance to defend such Suit, and paying such Costs to the Plaintiff as the Court shall order; but in case such Plaintiff shall refuse or neglect to give such Security as aforesaid, then the said Court shall order the Estate or Effects so sequestered, or whereof the Possession shall be decreed to be delivered, to remain under the Direction of the Court, either by appointing a Receiver thereof, or otherwise, as to such Court shall seem meet, until the Appearance of the Defendant to defend such Suit, and his paying such Costs to the Plaintiff as the said Court shall think reasonable, or until such Order shall be made therein as the Court shall think just.
|
