1779-01-15 (static/transcriptions/1779/01/024.jpg)

1779. 1 Term. [Friday] Jan: 15.

which directs public proclamations for appearance, and advertisements put up at the Court House and other public places and is meant to be conformable to the 5 G. 2. Ch. 25, relative to the process of Court of Equity in England.
In our Rule the words are “such process being duly served” but the words of the Statute are, that the bill shall be taken pro Confesso, if the Defendant shall not appear, at such time as he ought have appear’d, “if the process had been duly served”, and this Court now determined, that the words in Our Rule meant the same, as if it had been written, “if such process shall had been duly served” and that the subsequent words of Our Rule shew’d it. There had been an affidavit that the Defendant Dobinson absconded to avoid the Process of the Court.
Mr. Newman’s motion was Granted.