Page:Ruffhead - The Statutes at Large - vol 6.djvu/156

 g4 C. 25. Anno quinto Georgii II. A. D. 173-2. on giving Secu- proper to make concerning the fame, upon the Defendant or Defendants Appearance to defend fuck to defend 'the rt t>uit ' ancl P a y' n g f ucn Cofts to the Plaintiff or Plaintiffs as the Court (hall order; but in cafe fuch Plain- Suit on Dsfen- tiff or Plaintiffs lhall refufe or neglect to give fuch Security as aforefaid, then the faid Court mall order dant's Appear- the Eftate or Effects fo fequeftred, or whereof Poffeilion fhall be decreed to be delivered, to remain refufmjffucn'se- unc ^ er the Direction of the Court, either by appointing a Receiver thereof or otherwife, as to fuch Court cmity, the Ef- fhall feem meet, until the Appearance of the Defendant or Defendants to defend fuch Suit, and his, her fedts fequeftred or their paying fuch Colts to the Plaintiff or Plaintiffs, as the faid Court fhall think, reafonabie, or until Dii-effion n of"he r fuch ° rder flla11 be made therein as the Court &<& think J uft - Court. II. And it is hereby further enacted by the Authority aforefaid, That from and after the firft Day of After firft Day Eajler Term one thoufand feven hundred and thirty-two, if any Defendant or Defendants, by virtue of 1732? ] Defend™ an y Writ °^ Habeas Corpus or other Procefs iffuing out of any Court of Equity, fliall be brought into ants brought in- Court, and fhall refufe or negl eel to enter his, her or their Appearance according to the Rules or Me- to Court by Ha- thod required by the faid Court, or to appoint a Clerk in Court, or Attorney of fuch Court to act on refufing'toenter ,lls > ller or tneir Beaa]f respectively, fuch Court may appoint a Clerk in Court or Attorney-of fuch Appearance, Court to enter an Appearance for fuch Defendant or Defendants refpectively, and fuch Proceedings Court to eriter.it may thereupon be had in the Caufe, as if the Party had actually appeared. Perfons^in Cu- ^- Provided always, That if any Perfon, againft whom any Decree fhall be made, upon Refufal or ftodyfo rearing. Neglect to enter his, her or their Appearance, or appoint a Clerk in Court, or Attorney to act on his, tobefervedwith her or their Behalf, fhall be in Curtody or forthcoming, fo that he, fhe or they may be ferved with a ftoee. ' e Copy of fuch Decree, then he, fhe or they fhall be ferved with a Copy thereof, before any Procefs fhall be taken out to compel the Performance thereof. Perfons out of IV. Provided alfo, That if any Decree fhall be made in purfuance of this Act againft any Perfon or the Realm af- Peffons being out of the Realm, or ablconding in manner aforefaid, at the Time fuch Decree is pro- pecree by if l they n unced, and fuch Perfon or Perfons lhall within feven Years after the making fuch Decree return or return within 7 become publickly vifible, then and in fuch Cafe he, fhe or they fhall likewife be ferved with a Copy of Years, to be fuch Decree within a reafonabie Time after his, her or their Return or publick Appearance fhall be Copy W a;known to the Plaintiff or Plaintiffs; and in cafe any Defendant againft whom fuch Decree lhall be or in 'cafe of made, fliall within feven Years after the making fuch Decree, happen to die before his or her return Death, his j n to this Realm, or appearing openly as aforefaid, or fhall within the Time laft before mentioned die ^feieir, &c, j n Cuftody before his or her being ferved with a Copy of fuch Decree, then his or ker Heir, if fuch Defendant fhall have any real Eftate fequeftred, or whereof PofTeflion fhall have been delivered to the Plaintiff or Plaintiffs., and fuch Heir may be found, or if fuch Heir fhall be a Feme Covert, Infant, or Non compo.s mentis,, the Hufband, Guardian or Committee of fuch Heir reflectively; or if the perfonal Eftate of fuch Defendant be fequeftred, or PoiTeflion thereof delivered to the Plaintiff or Plaintiffs, then ■his or her Executor or Adminiftrator (if any fuch there be) may and fhall be ferved with a Copy of fuch Decree within a reafonabie Time after it fliall be known to the Plaintiff or Plaintiffs, that the De- fendant is dead, and who is his or her Heir, Executor or Adminiftrator, or where he, fhe or they re- spectively may be ferved therewith. If Perfotvs ferved V. Provided always, That if any Perfon or Perfons fo ferved with a Copy of fuch Decree, fliall not With fh C |i ^°t w ' tri i n nx Months after fuch Service appear and petition to have the faid Caufe reheard, fuch Decree fo petition^ re°- made as aforefaid lhall ftand abfolutely confirmed againft the Perfon and Perfons fo ferved with a Copy hearing of the thereof, his, her and their refpective Heirs, Executors and Adminiftratorsj and all Perfons claiming or ? u / e T th "? -to claim by, from or under him, her, them or any of them, by virtue of any Act done or to be done v Months, the >, r .*? 1 /-i r r » o •. decree to be ab- fublequent to the Commencement of fuch Suit. ioiuteiy con- VI. Provided neverthelefs, That if any Perfon, fo ferved with a Copy of fuch Decree, fliall within aiiTlalmin d b" ^ x Months after fuch Service, or if any Perfon not being fo ferved fhall within feven Years next after them 3 .' >nS y the making fuch Decree, appear in Court, and petition to be heard with refpect to the Matter of fuch Defendants pe- Decree, and fhall pay down or give Security for Payment of fuch Cofts as the Court fhall think reafon- hearine S within a ^ e ^ n tnat Behalf, the Perfon or Perfons fo petitioning, his, her or their refpective Reprefentatives, or 7 Years, any Perfon or Perfons claiming under him, her or them refpectively, by virtue of any Ad done before and giving Se- the Commencement of the Suit, may be admitted to anfwer the Bill exhibited, and ifiue may be joined, admtted r toan' and Witneffes on both Sides examined, and fuch other Proceedings, Decree and Execution may i'wer, and the " be had thereon, as there might have been in cafe the fame Party had originally appeared, and the Caufe to be Proceedings had then been newly begun, or as if no former Decree or Proceedings had been in the heard again. fame Caufe> Not appearing VII. Provided neverthelefs, and be it enacted by the Authority aforefaid, That if any Perfon or Per- within 7 Years, fons, againft whom fuch Decree fhall be made, his, her or their Heirs, Executors or Adminiftrators, Petidon""o S be Ch ^ a ^ not within feven Years next' after the making of fuch Decree, appearand petition to have the abfolutely Caufe reheard, and pay down or give Security for Payment of fuch Cofts as the Court fliall think rea- barred. fonablo in that behalf, fuch Decree made as aforefaid fhall ftand abfolutely confirmed againft the Perfon and Perfons againft whom fuch Decree lhall be made, his, her and their Heirs, Executors and Admi- niftrators, and againft all Perfons claiming or to claim, by, from or under him, her, them or any of them, by virtue of any Act done or to be done fubfequent to the Commencement of fuch Suit; and at the End of fuch feven Years it fliall and may be lawful for the Court to make fuch further Order as Not to affecl ^ la ^ be J u ^ and reafonabie, according to the Circumftances of the Cafe.. Perfons beyond VIII. Provided always, That this Act fliall not extend or be conftrued to extend to warrant or make the Seas, unlefs good any Proceeding againft any Perfon beyond the Seas, unlefs it fhall appear to the Satisfaction of madeof' their { h.e Court by Affidavit or Affidavits, before the making of fuch Decree, fiiat fuch Perfon had been in being inEngland that