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 ABATEMENT: Suits by corporations aggregate do not abate 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 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 21 108 650 Vide SEQUESTRATION. ABROAD: Bankrupt cannot sue for his property abroad - Where sequestration not necessary to enable plaintiff 73 74 310 634 278, 279, 280 Peer abroad, service of subpoena or letter missive - ABSCONDING TO AVOID PROCESS: Stat. 5 Geo. 2, c. 25, repealed and re-enacted by not good unless party has been in ABSCONDING, &c.-continued. where party returns within seven years, 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 Act 1 Will. 4, c. 36, applicable to all cases where to bills of revivor ABSENCE OF PARTIES: Effect of. how remedied. Vide PARTIES. In what manner decree made absolute against infant. 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 but must proceed by bill against the Attorney- May file a bill against Attorney-general during the ACT OF BANKRUPTCY. Vide BANKRUPTCY. ACT IN PAIS: Wife may dispose of her separate property to her ACTION AT LAW: - page. 272 273 ib. 274 ib. 276 ib. 388 Will not deprive wife of her right to her choses Brought in consequence of a contempt irregularly |