APPEARANCE. Special contents. Title and division thereof. I. Where the service of the subpoena is personal, and the defendant appears. 1. How the appearance is entered. 2. Notice thereof. 3. Time allowed for entering the appearance. 4. Order for entering the appearance. 5. Form of the notice of defendant's appearance. II. Where the service of the subpoena is personal, and the defend ant neglects to appear and answer. 1. To proceed against him by attachment, or take the bill pro 2. How the bill may be taken pro confesso. 3. Affidavit of the service of the subpoena. 4. Order Nisi to take the bill pro confesso. 5. Affidavit of receiving no notice. 6. Order made absolute that bill be taken pro confesso. III. Where the defendant appears, but neglects to file his answer. 1. Petition to the Chancellor. 2. Certificate of the Clerk, or affidavit. 3. Order of the Chancellor. 4. Service of a copy of the order. 5. Copy of the order. 6. Affidavit of service thereof. 7. Order to take the bill pro confesso. Appearance. of. 7 1. Title and THIS title is divided into two general heads; the first head is intended to point out the mode of compelling the defendant to appear where the service of the sub-division therepœna is personal; and the second head, where the service is otherwise. Again, the ordinary proceedings which come under the first head, are of a threefold nature. 1. Where the service of the subpoena is personal, and the defendant appears. 1 Where the service of the 2. Where the service is personal, and the defer.dant neglects to appear: 3. Where the service is personal, and the defendant appears, but neglects to answer; (a) which divisions the compiler has endeavoured to range as distinctly as possible, each in the due order of succession, commencing with those proceedings which accompany the appearance of the defendant upon the personal service of the sub pœna. Where the service of the subpoena is personal, and subpoena is per- the defendant appears. sonal and the defendant ap pears. The appearance of the defendant is entered by his How the Solicitor's furnishing the clerk in court with a note condefendant taining the title of the cause, and a memorandum that he the solicitor appears for the defendant. appearance of is entered. 2. Notice to the Compl'ts solr. 3. Time allowed for de pearance. The solicitor for the defendant is then to give the solicitor for the complainant notice that he has caused his appearance to be entered for the defendant with Edmund Elmendorf, clerk in court. The defendant, if he resides in New-York or Alfendant's ap. bany, and the subpoena is served four days before the appearance day, has four days exclusive of the day of service to enter his appearance, but if the defendant does not reside in either of those cities, and the subpœna is served fourteen days before the appearance day, then his appearance must be entered within fourteen days exclusive of the day of service. (b) Under this division of the subject, the practical proceedings are as follow: Proceedings on appearance where the service of the subpana has been personal. Let an order be given to the clerk in court to enter the appearance of C. D. for defendant-as follows: After ordering the clerk to enter the appearance of the solicitor for the defendant, let the following notice be given to the adverse solicitor of defendant's appearance: In Chancery. Sir, Between { A. B. Complainant, C. D. Defendant. My appearance in the above cause has been this 5. Notise, day entered with Edmund Elmendorf, Esq. the clerk in court, Sept. To G. H. Esq. 1818. Yours, &c. E. F.solr. for Dft. 2. Where the service of the subpoena is personal, and the defendant neglects to appear and answer, bill to be taken pro confesso. If the service of the subpoena was personal on the defendant, the complainant may proceed by attachment, or have the bill taken pro confesso. Under the division of the title of appearance, the proceedings are as follow: 2. How the bill may be taken pro conconfesso. 1 When the defendant after being personally served dem. Rale $ Affidavit of subpœna. with a subpoena, neglects to appear and answer, let an affidavit be filed with the Register of the personal service of the subpoena, and thereupon the Register enters an order that the defendant enter his appearance and file his answer in six weeks thereafter, or that the bill be taken pro confesso against him, which order at the expiration of six weeks if no appearance is entered and no answer filed, may be made absolute by entering a rule of course with the register or assistant register for purpose, without any notice to the opposite party. Let the following affidavit of the personal service of the subpoena be made and filed with the register or assistant register with whom the other proceedings in the cause have commenced : that In Chancery. Between day of A. B. Complainant, C. D. Defendant. E. F. of the city and oath, that he, this depolast past serve the de of the service county of New-York, maketh nent, did on fendant C. D. with a subpoena issuing out of, and under the seal of this Honorable Court, by delivering the body of the said subpoena, so under seal as aforesaid, unto the said C. D., by which said subpoena, defendant was commanded to appear in this Honorable Court on the day of at the suit of the above A. B. Sworn to this day before J. K. Master in Chancery.. E. F. Upon filing the preceding affidavit of the service of the subpoena, let the following order be entered; that the defendant enter his appearance, &c. or that the bill be taken pro confesso. In Chancery. Between A. B. Complainant, {c. and Plainant C. D. Defendant. davit of E. F. which is filed in this cause, proving the service of a subpoena, issued out of and under the seal of this Honorable Court on the defendant C. D. personally, and on motion of G. H. solicitor for the complainant, it is ordered that the defendant do cause his appearance to be entered and his answer to be fil d within six weeks from the date of this order or in default thereof, that the complainant's bill of complaint be taken pro confesso against him. On entering an order to take the bill pro confesso, let the following affidavit be made by the complainant's solicitor : In Chancery. Between A. B. Complainant, C. D. Defendant. Order Nisi pro confesso. to take the bill 5. Affidavit G. H. of the city and of receiving no county of New-York, solicitor for the complainant, being sworn, maketh oath, that he, this deponent, hath received no notice of the defendant's appearance being entered in the above cause. Sworn to this of day June, 1818. Before me, J. K. Master in Chancery, G. H. After filing the affidavit of the complainant's solicitor of his receiving no notice of the defendant's appearance, let the following order be entered up: notice. |