ante, p. 7) a certificate that no appearance has been entered. Pay him 4s. Give these, together with a motion paper, to counsel "To move for an order for leave to enter an appearance for the defendant by default." Draw up the order, with the Registrar of the day in the usual manner (see poste, "Motions"), after which, prepare an appearance on a slip of paper (see form p. 49, Appendix), and upon your producing the order to the Clerk of the Records and Writs, he will enter the appearance. Pay him 7s.

Where a subpoena to an amended bill had been served upon the defendant's solicitor, upon the defendant neglecting to appear, the Court, after some hesitation, gave the plaintiff leave to enter an appearance for the defendant by default, and notice thereof to be given to the defendant's solicitor (Anon. 1 Law Times, 432). Where a delay of nine months had occurred between the service of the subpoena and the application for leave to enter the appearance by default, the Court, on motion, did not consider the plaintiff entitled to an absolute order, but merely granted an order nisi, and notice thereof to the defendant (Bointon v. Parkinson, 7 Jur. 367). Under similar circumstances, upon an application to the Lord Chancellor, notice of the motion was ordered to be served upon the defendant (Devenish v. Devenish, id. 841).

CHAPTER II.

PLAINTIFF'S PROCEEDINGS ON DEFAULT OF ANSWER, &c.

SECTION 1.

PROCESS OF CONTEMPT.

IF the defendant makes default in appearing to, or answering a bill, or in complying with a decree or order of the Court, the plaintiff is entitled to certain proceedings against him, which proceedings are termed "process of contempt."

With regard to process of contempt for not appearing to a bill, it may in effect be considered as entirely superseded, the plaintiff, as we have already seen, being now entitled, upon the defendant's default, to enter an appearance for him in a somewhat similar manner as at common law.

Formerly the ordinary process of contempt was by writ of attachment, attachment with proclamations, commission of rebellion, sergeant-at-arms, and sequestration. By the 6th order, 26 August, 1841, however, it is ordered, "That no writ of attachment with proclamations, nor any writ of rebellion, be hereafter issued for the purpose of compelling obedience to any process, order, or decree of the Court." Process of contempt, therefore, as against ordinary persons, is now in all cases reduced to, 1st, writ of attachment; 2nd, sergeant-atarms; and 3rd, sequestration.

1. Writ of Attachment.

Nature of] This writ is directed to the sheriff of the county in which the defendant resides, commanding him to attach the defendant, so as to have him before the Court on a particular day therein mentioned. The form of the writ is the same, whether it be for want of

appearance, for want of answer, or for noncompliance with a decree or order, but the indorsement expresses the object of it.

Return of] By the 1 Will. IV., c. 36, rule 3, it is enacted, "That the party prosecuting any contempt shall be at liberty, without order, to sue forth the several writs in process of contempt returnable immediately, in case the party in contempt resides, or is in London, or within 20 miles thereof; and that in other cases, the party prosecuting a contempt shall be at liberty, without order, to sue forth such several writs, returnable in vacation, provided that there be 15 days between the teste and the return of each of such writs." Under this act it appears, that if the party in contempt resides or is in London, or within 20 miles thereof, the writ may be made returnable immediately, as well in term as vacation; but that, when the party is beyond 20 miles from London, there must be 15 days between the date and return of the writ, if returnable in vacation; or, if in term, that it can only be made returnable on the fixed return days, in which case it is not necessary that there should be 15 days between the date and return, unless it is intended to take the bill pro confesso, as hereinafter directed. The 15 days are reckoned both inclusive. The writ must, at the latest, be returnable by the last return of the term following that in which it is dated, and if made returnable" immediately," it is only in force until such last return of the following term.

There are two general return days appointed in each Term for the return of all writs issuing out of the Record and Writ Clerks' Office, namely:-Hilary Term, ì. "In eight days after Saint Hilary next ensuing." 2. "In fifteen days after Saint Hilary next ensuing." Easter Term, 1. "In fifteen days after Easter next ensuing." 2. "In one month after Easter next ensuing." Trinity Term, 1. "On the morrow of the Holy Trinity next ensuing." 2. "In eight days after the Holy Trinity next ensuing." Michaelmas Term, 1. "On the morrow

of All Souls next ensuing." 2. "In eight days after Saint Martin next ensuing." These return days are not fixed, but vary each year according to the calendar. A list of the return days, however, will in future be made out by the Record and Writ Clerks, and appended in their office. The return days for the present year (1844) will fall as follows:-Hilary Term, first return day, the 21st of January; second return, the 28th of January. Easter Term, first return day, the 22nd of April; second return day, the 5th of May. Trinity Term, first return day, the 3rd of June; second return day, the 10th of June. Michaelmas Term, first return day, the 3rd of November; second return day, the 19th of November. The words in commas are to be inserted in the writ.

How prepared and issued.] This writ issues without order. It formerly required to be sealed with the great seal, and was prepared by the clerk in Court, upon your furnishing him with the necessary instructions. By the 16th order, 26 October, 1842, however, it is ordered, that this duty shall in future be performed by the solicitors of the Court, in all cases where the parties sue or defend by solicitors, and by the parties themselves in all cases where they sue or defend in person.

By the 4th id. it is ordered, "That the Clerks of Records and Writs shall forthwith provide a seal in such form, and bearing such impression as the Lord Chancellor shall approve of; and that any person desirous of suing out any writ which has heretofore been issued out of the Six Clerks' Office, may prepare the same in the present form, or in such other form as the Lord Chancellor may hereafter direct, and may present such writ for sealing to the Clerk of Records and Writs in whoso division the cause is, and such writs shall henceforth be open writs, and it shall no longer be necessary for the Lord Chancellor to sign any such writ, and that the Clerk of Records and Writs to whom any such writ shall be presented for sealing, shall thereupon ascertain whether such writ is correct in form, and whether the

person presenting the same is according to the course and practice of the Court entitled to sue out the same; and in case it shall appear that such writ is correct in form, and that the person is entitled to sue out the same, such writ shall be forthwith sealed with such seal as aforesaid, and shall, when so sealed, have the same force and validity as such writ now has, when sealed with the great seal."

The writ must be indorsed with the name and address of the solicitor, or other party issuing it (id. 17, 20), in a similar manner as previously directed with respect to a bill (ante, p. 6). The nature of the writ must also be expressed by indorsement on the back. At the time of sealing the writ a præcipe must be left with the Clerk of the Records and Writs.

Obtain a writ, which may be had at the law stationer's, and fill it in as in form p. 33, Appendix; on the back indorse the name and address of the solicitor and agent, and also the nature of the writ (see form, p. 33, Appendix), after which prepare a præcipe in a slip of paper (see form p. 34, Appendix). Take the writ and præcipe to the Clerk of the Records and Writs in whose division the suit is (ante, p. 7), and he will seal the writ and file the præcipe. Pay him 8s. When the attachment

is for want of an appearance, an office copy affidavit of service of the subpoena (see form p. 11, Appendix) must be left with the Clerk of the Records and Writs at the time of sealing the attachment.

How Executed.] As soon as the attachment is sealed, it is forwarded to the under-sheriff of the county into which it issues, by whom it is executed.

When Bailable.] If the attachment is for want of appearance or answer, the sheriff may take bail for the defendant's appearance at the return of the writ, but is not compellable to do so (Studd v. Acton, 1 H. Black. 468). An attachment for non-performance of a decree, however, is not bailable (Harr. 120).