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APPENDIX——CHANCERY LAWS.
be employed in stating, auditing and selling, any account, to be
paid by the party desiring such account to be stated, audited and
settled, and taxed in the bill of costs as aforesaid. |
NOV. 1785.
CHAP. 72. |
18. AND BE IT ENACTED, That payment of the
allowances to
commissioners, witnesses, and the auditor aforesaid, may be compelled
by order of the chancellor, and process of contempt for disobedience
to such order may be issued as in other cases. |
Payment may be
compelled, &c. |
19. AND BE IT ENACTED, That if any defendant,
being of full
age and regularly summoned to appear to any bill or petition in
chancery, shall refuse or neglect to appear thereto at the return
court, and thereupon shall stand out the process of attachment of
contempt, and attachment with proclamations, and do not appear
and put in a good and sufficient answer to the said bill or petition
by the fourth day of the court to which the said attachment with
proclamations is returnable, or being served after appearance with,
and brought into court upon, any process of contempt, for not answering
the bill or petition filed, the said defendant, so brought
into court, shall and may, upon motion, stand committed by order
of the court for the same until discharged by the further order
thereof; and if the defendant in the case first mentioned shall not
appear and answer as aforesaid, by the fourth day of the court to
which the attachment with proclamations is returnable, or if the
defendant so committed for not answering as aforesaid shall not put
in a good and sufficient answer by the fourth day of the court next
after the court at which he shall be committed, in either case, unless
the defendant shall have further time granted by the court to
put in such answer, the bill or petition shall be taken pro confesso,
and such decree made thereupon as by the court may be thought
just; and if in either of the cases aforesaid the defendant shall have
further time granted him to answer, and the said defendant shall
not, before the expiration of such further time, put in a good and
sufficient answer to the bill or petition exhibited against him, such
bill or petition shall be take pro confesso without any further
delay,
and such decree made thereon as by the court may be deemed
just; or the chancellor, in his discretion, may, in the cases aforesaid,
order commission to issue for the plaintiff to examine witnesses
to prove the allegations in his bill or petition, or the chancellor
may examine the plaintiff on oath upon interrogatories, to
ascertain the allegations in his bill or petition, and such decree
shall be made in either case as the chancellor shall think just.
By 1795, ch. 88, on a bill being filed
against a person not residing in the state,
the chancellor may direct notice to be given, and thereupon may proceed
to decree.
A provision is also made for a rehearing. And by 1797, ch. 114, a
publication
may be ordered on a subpœna being returned non est from the
county
where the defendant is known or supposed to reside, and the chancellor
being satisfied
that he evades the sheriff, and thereupon the suit may proceed, reserving
to such person the privilege of appearing, &c. within a limited time.
By 1799,
ch. 79, when a defendant living out of the state is summoned, the chancellor
may
limit a day for his appearance and answering, and on his failure, after
a publication
of the order, or its being served three months before the day limited,
the
chancellor may either take the bill pro confesso, or direct commission,
&c. and
proceed to decree as if the defendant had appeared; and by section 9, if
such defendant
shall appear by the time limited, or if any other defendant shall voluntarily
appear, an answer shall be put in or before the fourth day of the next
term,
or they shall be proceeded against as in other cases against residents
and nonresidents
respectively. By section 3, provision is made respecting defendants
out of
the state, where the complainant dies and a bill of revivor is filed. |
Defendants, refusing,
&c. shall
stand committed,
&c. |
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