If he does not, such demurrer is to be held have submitted thereto. 1845. Consequence of default. demurrer to part of bill. 18. Within three weeks after the filing of a demurrer Setting down to part of a 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. If he does not, such demurrer is to be held Consequence sufficient, and the Plaintiff is to be held to have submitted thereto. of default. 19. Within three weeks after the filing of a plea to Time for If he does not, such plea is to be held good Consequence to elect. 20. A Defendant whose answer is not excepted to, or Time for obreferred back on former exceptions, alleging that taining order the Plaintiff is prosecuting him in this Court and also at law for the same matter, may, upon the expiration of eight days after his answer or further answer is filed, obtain as of course, on motion or petition, the usual order for the Plaintiff to make his election in which Court he will proceed. Defendant's answer is 21. A Defendant whose answer is excepted to, or re- Ditto, where ferred back on former exceptions, alleging that the Plaintiff is prosecuting him in this Court and excepted to. also at law for the same matter, may by notice in writing require the Plaintiff to procure the Master's Report upon the exceptions within four days from the service of the notice. And 1845. Time to except to answer for insufficiency. Consequence of default. Time to submit to exceptions. Time to answer when Defendant submits. Exceptions for insufficiency not to be referred till eight days. But must be referred with in fourteen days. And if the Plaintiff does not obtain the Master's Report within such four days, such Defendant is entitled as of course, on motion or petition, to obtain the usual order for the Plaintiff to make his election in which Court he will proceed. 22. After the filing of a Defendant's answer, the Plaintiff has six weeks within which he may file exceptions thereto for insufficiency. If he does not file exceptions within six weeks, 23. A Defendant desiring to avoid a reference to the 26. The Plaintiff, having filed exceptions for insuf- If he does not, the answer, on the expiration 27. The Plaintiff, having obtained an order for refer 1845. Consequence of default. Time for Master's Re ring to the Master exceptions to a Defendant's obtaining of default. If he does not, the answer, on the expiration Consequence 28. The Plaintiff, having shewn exceptions to a De- Time for fendant's answer for insufficiency as cause against report when obtaining shewn for dissolving an injunction, is to obtain the Master's exceptions If he does not, the injunction is dissolved. Consequence of default. Time to refer back on old exceptions. The answer, if not referred back on the old Consequence fendant submits, or an 30. If, after a reference of exceptions for insufficiency, When Deor a reference back of the answer on the old exceptions, a Defendant, not being in contempt, submits to answer, or the Master finds the answer to be insufficient, the Master is in such VOL. VII. b cases swer found insufficient, Master to appoint time. cases to appoint the time within which such Defendant is to put in his further answer. If such Defendant does not obtain time from the Master, or does not answer within the time which the Master allows, the Plaintiff may sue out process of contempt against such Defendant. 31. The answer of a Defendant is to be deemed suffi cient, 1. If no exception for insufficiency be filed thereto within six weeks after the filing of such answer. 2. If (exceptions being filed) the Plaintiff does 4. If he does not obtain an order to refer the 5. If (after obtaining such order) he does not obtain the Master's Report thereon within fourteen days from the date of the order, or within such further time as the Master may allow. 32. In cases where there is a sole Defendant, or where, there being several Defendants they all join in the same answer, the Plaintiff may, after answer and before replication or undertaking to reply, obtain one order of course for leave to amend the bill, at any time within four weeks after the answer is deemed or found to be sufficient. 33. In cases where there are several Defendants who do not join in the same answer, the Plaintiff (if not precluded from amending, or limited as to the time of amending by some former order) may, after answer and before replication or undertaking to reply, at any time within four weeks after the last answer is deemed or found to be sufficient, obtain one order of course for leave to amend his bill. 1845. Ditto, where there are several De fendants. time to amend. 34. The Plaintiff, having obtained an order for leave Limitation of If such bill be not amended within such four- Consequence 35. The Plaintiff, having obtained an order for leave Time to junction cases. amend in in If such bill be not amended within such seven Consequences a 36. A Defendant, being served with subpoena to answer an amended bill praying an injunction to stay proceedings at law, and desiring to avoid motion for an injunction on affidavit of the truth of the amendments, has, for that purpose, only eight days after appearance, within which he is to plead, answer, or demur to such amended bill. Time for obmon injunctaining com tion on amended bill. |