498 ARTICLE 16.

made returnable on the second Monday of the month ensuing the date of
its issue, but the plaintiff may, by special direction, require any process
to be made returnable at the return day next after the first return day for
such process ensuing the issuance of the same. At the bottom of the
subpoena shall be placed a memorandum that the defendant is required to
file his answer or other defense in the clerk's office within fifteen days after
the return day. The sheriff, or other person whose duty it may be to serve
said process, shall serve the same promptly. Where there is more than one
defendant, the writ of subpoena may, at the election of the plaintiff, be
sued out separately for each defendant, or a joint subpoena against all the
defendants may be issued. In default of answer as provided in this rule
the bill may be taken pro confesso, unless the time for filing the answer
be extended as provided in Rule 15.1

An. Code, sec. 144. 1904, sec. 135. 1888, sec. 122.

159. Whenever a bill or petition is filed, the clerk shall issue the pro-
cess, or order of publication thereon, for the appearance of the defendants,
as of course; and whenever there are more than one defendant, summons
may, upon the special direction of the plaintiff, be sued out separately for
each defendant, except in case of husband and wife, or a joint summons
against all the defendants may be issued.

An. Code, sec. 145. 1904, sec. 136. 1888, sec. 123. Rule 13.

160. The service of process to require appearance shall be by reading,
and delivering a copy of, the summons or other writ or order to the party
to be served therewith; and in case the party be an infant or non compos
mentis, in addition to the service on such party, a copy of the process or
writ, or order, shall be left with the parent or guardian of the infant, if
there be one within the jurisdiction of the Court, and with the committee
or other person having the care of the person or estate of the party alleged
to be non compos mentis; and such service shall be specially certified in
the return of the officer making the service.2
See notes to art. 75, sec. 153.

An. Code, sec. 146. 1904, sec. 137. 1888, sec. 124. Rule 14.

161. Upon return of process as served, or upon proof of due publica-
tion of the order of publication as against non-resident defendants, the
court shall, in case of infant or non-sane defendant, on application of the
plaintiff, or any other party concerned, by order, either require the legal
guardian or committee of the infant, or non-sane defendant (if there be
such guardian or committee within the jurisdiction of the court) to appear,

1 Thus amended by equity rule 11, Feb. 5, 1920, adopted by the court of appeals in
accordance with sec. 18, of art. 4 -of the Constitution.

Rule 15 has not been codified but reads as follows:

It shall be the duty of the defendant, unless the time be enlarged, by an order of
court upon petition snowing good cause therefor, to file his answer or other defense to
the bill in the Clerk's office within the time required by Rule 11. In default thereof the
plaintiff, may at his election, take an order as of course that the bill be taken pro
confesso, and thereupon the case shall proceed ex parte as against such defendant.

2 Thus amended by equity rule 13, Nov. 21, 1919, adopted by the court of appeals
in accordance with sec. 18 of art. 4 of the Constitution.