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 subpœna. Where the service of the subpoena is personal, and Bubpoena is per- the defendant appears. sonal and the defendant appears. 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 solr. The solicitor for the defendant is then to give the the Compl'ts solicitor for the complainant notice that he has caused his appearance to be entered for the defendant with Edmund Elmendorf, clerk in court. 3. Time allowed for de pearance. 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 subpæna has been personal. Let an order be given to the clerk in court to enter the appearance of C. D. for defendant-as follows: 4. Order to enter defendant's appearance. Yours respectfully, E. F. Solr. for Dft. To Edmund Elmendorf, Esq. Clerk of the court. 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, 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. 1. To pro ceed by attach 2. Where the service of the subpoena is personal, and the defendant, neglects to appear and answer, bill to ment, or take 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: the bill tre confesso. 5th. Rule. 2. How the bill may be taken pro conconfesso. When the defendant after being personally served dem. Rule. 74 8 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 that 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 : 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. 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 confess. to take the bill 5. Affidavit G. H. of the city and of receiving no county of New-York, solicitor for the complainant, 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. In Chancery. Between 6. Order to A. B. Complainant, C. D. Defendant. make the de- been entered in this cause, on the eree absolute. An order having day of in the year of our Lord one thousand eight hundred and eighteen, requiring the above named defendant to cause his appearance to be entered and his answer to be filed within six weeks from the date of the same order, or in default thereof, that the complainant's bill be taken pro confesso against him; and it appearing by the affidavit of G. H. solicitor for the complainant, that the appearance of C. D. has not been entered; and on motion of the said G. H. solicitor for the complainant as aforesaid, it is ordered, that the complainant's bill of complaint be and the same is hereby taken pro confesso against said defendant; To the end that such decree may be made thereupon as shall be just, &c. 3. Where the defendant appears, but neglects to file his answer, let the following petition be presented to the chancellor : In Chancery. Between A. B. Complainant, C. D. Defendant. To the Honorable 1. Petition to James Kent, Chancellor of the state of New-York: the chancellor. The Petition of A. B. of the city of New-York, humbly sheweth, that the bill of complaint in the above cause, was filed in the office of Edmund Elmendorf, Esquire, one of the clerks of the court, on the day of last past, and a writ of subpoena thereon duly issued and served, |