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Proceedings under Decree.

Proceedings under a decree pro confesso the same as upon an ordinary decree.

Bill taken pro confesso cannot

be read as evidence of the state of an

account.

Whether a bill taken pro confesso against a party who is in custody or has absconded can be read as evidence.

shall be made, upon refusal or neglect to enter his appearance, or to appoint a clerk in Court or attorney to act on his behalf, shall be in custody or forthcoming, so that he may be served with a copy of such decree, then he shall be served with a copy thereof before any process shall be taken out to compel the performance thereof.

In all other cases where a decree has been made by taking the bill pro confesso the proceedings under it are the same as the proceedings under every other decree made upon a hearing. If the decree directs a reference to the Master, the reference must be proceeded with in the Master's office, in the same way as any other reference. It is however to be observed, that according to the old practice of the Court, where the decree directed the Master to take an account, a bill taken pro confesso could not be read before the Master as evidence of the state of the account; and that where, under a decree, which directed the Master to take an account of all dealings and other transactions between the plaintiff and the defendant, and that the parties should be examined upon interrogatories, &c., the plaintiff offered, by way of evidence in support of his charge, a schedule annexed to his bill, (which had been taken pro confesso,) in which he had set out the account between him and the defendant, the Master required the plaintiff to prove his charge in the usual way, which the plaintiff not doing, the Master made his report that nothing was due. The plaintiff took exceptions to the report; but Lord Thurlow, after taking time to inquire into the practice, overruled the exceptions, and put this case: "Suppose the defendant had answered, and the plaintiff had not replied to the answer, must not the plaintiff have proved his charge?" (e).

This must still be the rule of practice in all those cases in which the bill has been taken pro confesso in the ordinary course, i. e. upon a sequestration against a defendant who is not in custody, and who has not absconded to avoid the process; but there appears to be some doubt whether bills taken pro confesso, under the 1 W. 4, c. 36, against a defendant in

(e) Dominicetti v. Latti, 2 Dick, 588.

custody, or who has absconded, may not be read in evidence, Of reading a as well before the Master as elsewhere.

It will be seen, upon reference to the fourteenth section, which has been before set out (ƒ), (and which is in fact a copy of the sixth section of the 45 G. 3, c. 124, which the Act of the 1 W. 4, c. 36, repeals,) that as soon as such an order as therein mentioned (that is to say, the order authorized by the preceding section to take a bill pro confesso, which seeks a discovery upon oath against a defendant having privilege of Parliament,) shall have been pronounced for taking such bill pro confesso, such bill so taken pro confesso, or an examined copy thereof, shall be read in any Court of law or equity, as evidence of the facts, matters and things therein contained, &c. It then goes on to enact, that in like manner every other bill of discovery taken pro confesso under any of the provisions of the Act shall or may be read in evidence of the facts and matters, and things therein contained (g): so that a question arises whether, under this clause, bills requiring a discovery on oath from other persons than those having privilege of Parliament, can, after they have been taken pro confesso, be read as evidence against such persons?

With respect to the application of this Act to render all bills taken pro confesso under its provisions (whether bills for discovery only or bills for discovery and relief) evidence against persons having privilege of Parliament, there can, after the decision of Sir Thomas Plumer in Logan v. Grant (h), upon the construction of the 45 Geo. 3, c. 124, s. 5, which has been before referred to, be little doubt whether it can be extended, under the additional words above mentioned, to render bills, taken pro confesso against persons not having privilege of Parliament, evidence against such persons, or if it can, whether such extension will be confined to bills of discovery only, (which are the bills specifically pointed out in that part of the section), are points which have not yet been decided. In the absence of authority, therefore, upon these points, all that the writer can do is to call the reader's atten

(ƒ) Ante, 686.

(g) The words in italics were not

in the 45 Geo. 3, c. 124, s. 5.

(h) 1 Mad. 626, ante, 687.

bill taken pro confesso as evidence.

Semble, it may against mem

bers of Parlia

ment,

and is not condiscovery only.

fined to bills of

Whether statute applies to other

individuals not decided.

Of reading a bill taken pro confesso as evidence.

tion to them, and to express his individual opinion to be, that with respect to bills which are merely filed for a discovery, without praying relief, there can be little doubt that the words before alluded to will, where they have been taken pro confesso under the Act, render them available as evidence against the plaintiffs, although they be not persons having the privilege of Parliament; and that there seems to be no reason why the doctrine of Sir Thomas Plumer in Logan v. Grant should not apply to the case of bills filed by unprivileged persons, as wel! as to those which are exhibited on behalf of members of Parliament.

END OF VOL. I.

By bankruptcy of plaintiff; in Chancery
secus, in the Exchequer

ABATEMENT:

Suits by corporations aggregate do not abate
secus, suits by corporations sole
Informations do not abate by death of relator

unless the relator be also a plaintiff -

By marriage of feme sole plaintiff

effect of death of husband before revivor

By death of feme covert plaintiff

secus, by death of husband

but wife need not proceed with the suit; if she
does, she will be liable to the whole costs

By death of feme covert defendant

but not on death of baron

unless new interest accrues to wife

page.

27

28

17

ib.

153

ib.

154

153

-

ib.

219

217

218

78

ib.

By death of sole assignee

ib.

Not caused by bankruptcy of a defendant

254

Not occasioned by infant plaintiff attaining 21
Its effect upon a sequestration

108

650

Vide SEQUESTRATION.

ABROAD:

Bankrupt cannot sue for his property abroad -
Property of bankrupt abroad vests in assignees
Course of proceeding where persons having joint in-
terests are abroad

Where sequestration not necessary to enable plaintiff
to go to a hearing against other defendants
Vide EXECUTOR. JURISDICTION OF THE COURT.
Service of subpoena or other process abroad, in what
cases good

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73

74

310

634

278, 279, 280

Peer abroad, service of subpoena or letter missive
at his town-house, good

-

ABSCONDING TO AVOID PROCESS:

Stat. 5 Geo. 2, c. 25, repealed and re-enacted by

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not good unless party has been
England within two years

in

ABSCONDING, &c.-continued.

where party returns within seven years,
where he does not return

to make decree absolute,

by defendant to avoid decree

liable to indictment

Minister of parish preventing publication of order

Affidavit, if upon information, must state from whom

information derived

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Act 1 Will. 4, c. 36, applicable to all cases where
party goes abroad to avoid process

to bills of revivor

ABSENCE OF PARTIES:

Effect of. how remedied. Vide PARTIES.
Not a ground for dismissal of bill at the hearing
ABSOLUTE:

In what manner decree made absolute against infant.
Vide INFANT.

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ACCOUNTANT GENERAL:

Stock may be transferred to, under 28 Geo. 3, c. 87,

where executor is abroad

ACCOUNTANTS TO THE CROWN:

May be relieved in the Court of Exchequer
pending the passing of their accounts

but must proceed by bill against the Attorney-
general

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May file a bill against Attorney-general during the
passing of their accounts

ACT OF BANKRUPTCY. Vide BANKRUPTCY.

ACT IN PAIS:

Wife may dispose of her separate property to her
husband by

ACTION AT LAW:

-

page.

272

273

ib.

274

ib.

276

ib.

388

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Will not deprive wife of her right to her choses
in action by survivorship unless judgment

Brought in consequence of a contempt irregularly
issued, restrained by injunction
but without prejudice to the party applying to
the Court for compensation

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