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Session Laws, 1799
Volume 100, Page 54   View pdf image (33K)
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   BENJAMIN OGLE, ESQUIRE, GOVERNOR.                              NOVEMBER.     1799.

and the service hath been or shall be proved to the satisfaction of the chancellor, the chancellor is
hereby authorised, by order, to limit a certain day, on or before which the said defendant shall ap-
pear in person, or by a solicitor, and put in a good and sufficient answer to each interrogatory con-
tained in the bill, or plea or demurrer to the same, and if a copy of the said order shall be inserted
agreably to the chancellor's cirections, in some convenient news-paper, or personally served on the
defendant at least three months before such day limitted, and the defendant shall not have so appear-
ed ans answered, the chancellor shall, at discretion, either take the bill pro confesso, or direct a com-
mission to issue for taking depositions, and shall finally decree as to him shall seem consistent with the
established principles of equity, in the same manner as if the defendant had appeared and answered,
and depositions had been taken in the usual manner.

II. AND BE IT ENACTED, That in any cause instituted, or hereafter to be instituted, in the court
of chancery, if an attachment for want of appearance or answer shall have been or shall be duly re-
turned served or attached, and the defendant served or attached shall not appear at the day of the
return, the chancellor is hereby authorised, on application of the complainant or complainants, by
order, to limit a certain day in the following term, on or before which day the defendant shall appear
in person, or by a solicitor, and put in a good and sufficient answer to each interrogatory contained
in the bill, or a plea or demurrer to the same, or otherwise the chancellor, on the application of the
compainant, and at discretion, may either take the bill pro confesso, or direct a commission to issue for
taking depositions, and shall finally decree as to him shall seem consistent with the established princi-
ples of equity, in the same manner as iff the defendant had appeared and answered, and depositions
had been taken in the usual way; provided nevertheless, that if at any time before a decree shall be passed, a defendant, nonresident or attached as aforesaid, shall appear as aforesaid, and immediately put
in such answer, there shall be the same proceedings as if he had regularly appeared and answered.

III. AND BE IT ENACTED, That if, on the death of a complainant, any bill of revivor hath been
or shall hereafter by filed in the court of chancery, and the defendant hath or shall have removed out
of the state, the chancellor shall have full power to make such order, and direct such proceedings, as
may appear to him best calculated to promote substantial justice; provided, that the said defendant's 
answer hath been or shall have been put in before the death of such complainant; and provided also,
that the said defendant shall be alive at the time of such order or proceedings.

IV. AND BE IT ENACTED, That if any bill in chancery hath been, or shall be filed, against an
infant out of the state, there shall, at the chancellor's discretion, be the same proceedings, and the
chancellor may decree, as if the infant out of the state, except those cases in which proceedings against
infants out of the state are already provided for by law, there shall be liberty reserved for the said
infant, within eighteen calendar months from the date of the decree, or within six such months after
the said infant shall attain the age of twenty-one years, and likewise for any heir of the said infant,
in case the said infant shall not so long live, within six months after the death of the said infant, or
within six months after such heir shall attain such age, to shew cause wherefore the decree ought not
to have been passed; and the bill to be filed by such infant or heir for shewing cause as aforesaid,
shall, as the case may require, either be filed against the original complainant or complainants, or
any person or persons claiming or holding under him, her or them, and on such bill filed, the chan-
cellor shall, at discretion, direct either the usual proceedings by subpoena, or such notice as he shall
think proper, according to the nature of the case, of the bill and of its substance and object, and of
a day by him limitted, not less than four months after notice, for the defendant or defendants to file
an answer to such bill of revision; and if an answer be not accordingly filed, the chancellor may
proceed to a reconsideration or revision of the decree before passed, or he may direct depositions, or
other proofs, ex parte, to be received as evidence in addition to the former proceedings; and in case
of the defendant's appearing to such bill of revision, additional evidence and proceedings may be had,
and the chancellor shall pass such decree for or against the original complainant or complinants, or
his, her or their representative or representatives aforesaid, or person or persons having the benefit
of the original decree, as the established principles or equity shall to him appear, under all the cir-
cumstances of the case, to require.

V. AND, whereas in certain cases, and particularly where a defendant hath been duly summoned,
and has stood out the process of the court, the chancellor is by law directed absolutely to take the
bill pro confesso, and in other cases of non-appearance of the defendant, he may at discretion, either
take the bill pro confesso, or direct a commission for taking depositions:  And whereas it appears unrea-
sonable that in any case whatever the chancellor should be directed absolutely to take the bill or bare
                                                                                                                                        allegations

 

CHAP.
LXXIX.
 
 
 
 
 
 
 
 

A day to be
limitted, &c.
 
 
 
 
 
 
 
 
 
 
 

In case of bill
of revivor,
chancellor to
direct, &c.
 
 

On bill filed
against an in-
fant to be the
same proceed-
ings, &c.



 
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Session Laws, 1799
Volume 100, Page 54   View pdf image (33K)
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