Equity Procedure Act 1731
| Jurisdiction | UK Non-devolved |
| Citation | 1731 c. 25,5 Geo. 2 c. 25 |
| Year | 1731 |
(5 Geo. 2) C A P. XXV.
'WH E R E A S sometimes Persons have withdrawn themselves beyond the Seas, or otherwise absconded, to avoid appearing in Courts of Equity, or being served with Process for that Purpose, or being brought into Court byHabeas Corpus , have refused to appear;' For Remedy of the Inconveniencies thence arising, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if in any Suit which hath been, or hereafter shall be, commenced in any Court of Equity, any Defendant or Defendants, against whom any or other Process shall issue, shall not cause his, her or their Appearance to be entred upon such Process within such time, and in such manner as according to the Rules of the Court the same ought to have been entred in case such Process had been duly served, and an Affidavit or Affidavits shall be made to the Satisfaction of such Court, that such Defendant or Defendants is or are beyond the Seas, or that upon Inquiry at his, her or their usual Place of Abode, he, she or they could not be found so as to be served with such Process, and that there is just Ground to believe that such Defendant or Defendants is or are gone out of the Realm or otherwise abscond, to avoid being served with the Process of such Court; then and in such Case the Courtout of which such Process issued, may make an Order directing and appointing such Defendant or Defendants to appear at a certain Day therein to be named; and a Copy of such Order shall within fourteen Days after such Order made be inserted in theLondon Gazette , and published on some Lord's Day, immediately after Divine Service, in the Parish Church of the Parish where such Defendant or Defendants respectively made his, her or their usual Abode within thirty Days next before such his, her or their absenting; and also a Copy of such Order shall within the Time aforesaid be posted up as after mentioned (that is to say) a Copy of every such Order made in his Majesty's High Court of Chancery, Court of Exchequer, or the Court of the Dutchy Chamber of Lancaster at Westminster , shall be Posted up in some publick Place at the Royal Exchange in London ; and a Copy of every such Order made in any of the Courts of Equity of the Counties Palatine of Chester, Lancaster and Durham , or of the great Sessions in , shall be posted up at some publick Place in some Market Town within the Jurisdiction of the Court by which such Order was made, and nearest to the Place where such Defendant or Defendants respectively made his, her or their usual Abode as aforesaid, such Place of Abode being also within the Jurisdiction of the said Court; and if the Defendant or Defendants do not appear within the Time limited by such Order, or such further Time as the Court shall appoint, then on Proof made of such Publication of such Order as aforesaid, the Court being satisfied of the Truth thereof may order the Plaintiff's Bill to be taken , and make such Decree thereupon as shall be thought just, and may thereupon issue Process to compel the Performance of such Decree, either by an immediate Sequestration of the real and personal Estate and Effects of the Partyso absenting (if any such can be found) or such Part thereof as may be sufficient to satisfy the Demands of the Plaintiff or Plaintiffs in the said Suit, or by causing Possession of the Estate or Effects demanded by the Bill to be delivered to the Plaintiff or Plaintiffs or otherwise, as the Nature of the Case shall require; and the said Court may likewise order such Plaintiff or Plaintiffs to be paid and satisfied his, her or their Demands out of the Estate or...
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