1845. Intermediate time when security for costs ordered. Time in town and country causes assimilated. Time to serve subpœna. Ditto, copy bill. Time to appear. Liabilities of 1. Attachment. 2. Appearance adversely entered. 3. Common injunction. XV. The day on which an order that the Plaintiff do give security for costs is served, and the time thenceforward until and including the day on which such security is given, is not to be reckoned in the computation of time allowed a Defendant to plead, answer, or demur. Times allowed in procedure. XVI. The times of procedure are to be the same in town causes and country causes; and in the cases hereinafter mentioned are to be as follow: 1. The service of any subpoena, except a subpœna for costs, is to be of no validity if not made within twelve weeks after the teste of the writ. 2. The service of a copy of a bill upon a Defendant under the 23d of the Orders of the 26th August 1841 is to be of no validity if not made within twelve weeks from the filing of such bill, unless the Court shall give leave for such service to be made after the expiration of such twelve weeks. 3. If a Defendant be served with a subpoena to appear to or to appear to and answer a bill, he is to appear thereto within eight days after the service of such subpoena. If he does not, he becomes subject to the following liabilities: 1. An attachment may be issued against him. 2. An appearance may be entered for him on the application of the Plaintiff. 3. If the bill prays for an injunction to stay proceedings at law, the Plaintiff may obtain an order for the common injunction, if no injunction has been previously obtained. 4. In cases where a subpœna has been served in the manner specified by Order XXIX., and a Defendant is in default for want of appearance, the Plaintiff may, within three weeks after such service, cause an appearance to be entered for such Defendant by a record and writ clerk, without special order. 5. A Defendant, served with a copy of a bill under a common or special appearance under the 26th 1845. Time for adverse entry of appearance. Time for appearance where copy bill served. of default. If he does not do so, he cannot afterwards Consequence 6. Any person or party having filed exceptions to Time for referring scandal and impertinence. If he does not, the exceptions are to be con- Consequence sidered as abandoned, and the costs are to be paid by the exceptant. 7. Any person or party having obtained an order to refer exceptions to the Master for scandal, and any party having obtained an order to refer exceptions to the Master for impertinence, is to obtain the Master's report thereon within fourteen days after the date of the order, or within such further time as the Master thinks fit to allow. of default. Time for obtaining Master's Report thereon. If he does not, the order is to be considered Consequence 1845. Time for excepting where scandal and impertinence reported. Consequence of default. Time when not so re ported. Time to demur. Common injunction, unless Defendant plead, &c. within eight days. Consequence of default. Order to revive, unless Defendant pleads or demurs within eight days. 8. Any person or party objecting to the Master's report that any pleading or other matter referred to him is scandalous, and any party objecting to the Master's report that any pleading or other matter referred to him is impertinent, has four days after the filing of the report, within which he may file and set down exceptions thereto and serve the order for setting down the same, before the scandal or impertinence is expunged. If he does not do so, the scandalous or impertinent matter is to be expunged. 9. Any person or party objecting to the Master's report that any pleading or other matter referred to him is not scandalous, and any party objecting to the Master's report that any pleading or other matter referred to him is not impertinent, has four days after the filing of the report, within which he may file and set down exceptions thereto, and serve the order for setting down the same. 10. A Defendant may demur alone to any bill within twelve days after his appearance thereto, but not afterwards. 11. A Defendant desiring to avoid the common injunction for default of answer has for that purpose only eight days after appearance, within which he is to plead, answer, or demur to a bill praying an injunction to stay proceedings at law. If he does not plead, answer, or demur within such eight days, the Plaintiff is entitled as of course, and without an attachment, to the common injunction. 12. A Defendant who has appeared in person or by his own solicitor, and desires to show cause against an order to revive being made, has for that purpose only eight days after such appear ance, ance, within which he is to plead or demur to a 1845. If he does not plead or demnr within such Consequence eight days, the Plaintiff is entitled as of of default. course to the common order to revive. answer 13. A Defendant is to plead, answer, or demur, not Time to demurring alone, to any original or supplemental original or bill, within six weeks after appearance thereto supplemental has been entered by or for him. bill. of default. If he does not, and if he procures no enlarge- Consequences ment. 1. An attachment may be issued against 1. Attach- 14. If the Plaintiff amends his bill under an order for leave to amend obtained and served before answer, 3. Traversing order or bill pro confesso. Time to answer where bill amended before answer. If he does not, and if he procures no enlarge Consequences ment of the time allowed, he is subject to the following liabilities: 1. An attachment may be issued against him; 2. He may be committed to prison, and 3. The Plaintiff may file a traversing of default. As before 1854. Time to answer amend ments and exceptions. Consequences of default. As before. Time to answer amended bill after an answer, Consequences of default. As before. Time for down de murrer to whole bill. 15. If a Defendant is ordered to answer amendments and exceptions together, he is to put in his further answer and his answer to the amendments of the bill within four weeks after he is served with notice of the amendment of such bill. If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities: 1. An attachment may be issued against 2. He may be committed to prison, and 16. If a Defendant, having already answered, is served If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities: 1. An attachment may be issued against him; 2. He may be committed to prison, and brought to the bar of the Court; and 3. The Plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him. 17. Within twelve days after the filing of a demurrer to the whole bill, the Plaintiff desiring to submit such demurrer to the judgment of the Court is to cause the same to be set down for argument. |