Section 61

Where in any proceedings the Court is satisfied that diligent search has been made for any person who is made a defendant in the character of trustee with a view to serving him with a process of the Court but that he cannot be found, the

Court may hear and determine the action and give judgment therein against that person in his character of a trustee as if he had been duly served or had entered an appearance in the proceedings and had also appeared by his advocate at the hearing, but without prejudice to any interest he may have in the matters in question in the proceedings in any other character.