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1845.

Time for filing replication.

Consequence.

Time to answer amended bill where no

answer re

quired.

Time to reply where answer neither required, nor put in to amendments.

Consequence of default.

Time to reply where Plaintiff requires no

answer to amendments, and Master refuses Defendant an extended time.

37. The Plaintiff (not obtaining an order for leave to amend his bill) must either file his replication or set down the cause to be heard on bill and answer, within four weeks after the last answer is deemed or found to be sufficient.

Otherwise any Defendant may move to dismiss the bill for want of prosecution. 38. If the Plaintiff amends his bill without requiring an answer to the amendments, any Defendant desiring to answer the same, must put in his answer thereto within eight days after being served with notice of the amendment of the bill, or within such further time as the Master may allow.

39. Where the Plaintiff amends his bill without re

quiring an answer to the amendments, and no answer is put in thereto, and no warrant for further time to answer the same is served within eight days after service of the notice of the amendment of such bill, the Plaintiff is, after the expiration of such eight days, but within fourteen days from the time of such service, either to file his replication, or to set down the cause to be heard upon bill and answer.

Otherwise any Defendant may move to dismiss the bill for want of prosecution. 40. Where the Plaintiff amends his bill without requiring an answer to the amendments, and a Defendant, within eight days after the service of the notice of the filing of the amended bill, serves a warrant for further time to answer the amendments, but the Master refuses to grant such further time, the Plaintiff is, within fourteen days after such refusal, either to file his replication or to set down the cause to be heard on bill and

answer.

. Otherwise

Otherwise any Defendant may move to dis- 1845.

miss the bill for want of prosecution.

replication

fendant anments, though not required.

swers amend.

41. If a Defendant puts in an answer to amendments Time to file
to which the Plaintiff has not required an answer, where De-
the Plaintiff must, within fourteen days after the
filing of such answer, either file his replication or
set down the cause to be heard on bill and an-
swer, unless, in the mean time, he obtains from the
Court a special order for leave to except to such
answer or to amend the bill.

Otherwise any Defendant may move to dis-
miss the bill for want of prosecution.

42. Parties desiring to examine witnesses by commis-
sion, are not to apply for a warrant to name com-
missioners to examine witnesses, until after the

expiration of four days from the filing of the re-
plication.

43. After the replication is filed, parties have two
months to examine their witnesses; and if such
two months expire in the long vacation, the time,
within which the parties are to examine their
witnesses, is extended to the second day of the
ensuing Michaelmas Term.

unless

Time for obtaining commission to examine wit

nesses.

Time for examining wit

nesses.

ing publication.

44. After the expiration of two months from the filing Time for passof the replication, publication is to pass, the time for publication has been enlarged, in which case it is to pass on the expiration of the enlarged time; but if the two months or the enlarged time expire in the long vacation, publication is not to pass till the second day of Michaelmas term; and on that day it is to pass, unless the time has been enlarged.

45. Within four weeks after publication has passed, Time for the Plaintiff is to set down his cause and obtain setting down and serve a subpoena to hear judgment.

b 3

cause, and serving subto hear judgment.

pœna Otherwise

1845.

Time for return of sub

pœna to hear judgment.

Necessary interval between notice of motion and service of petition and their hearing.

Time between notice and

hearing of motion for appointment of guardian ad litem.

Time for
taking bill
pro confesso
after execu-
tion of attach-
ment.

No excepting nunc pro tunc.

Master may extend time

for answering.

Otherwise any Defendant may move to dis-
miss the bill for want of prosecution.
46. A subpoena to hear judgment is not to be return-
able at any time less than one month from the
teste of the writ; and it is to be served at least
ten days before the return thereof.

47. There must, unless the Court gives special leave
to the contrary, be at least two clear days between
the service of a notice of motion and the day
named in the notice for hearing the motion, and
at least two clear days between the service of a
petition and the day appointed for hearing the
petition; but, in the computation of such two
clear days, Sundays and other days on which the
offices are closed, except Monday and Tuesday
in Easter week, are not to be reckoned.
48. There must be at least six clear days between the
service of a notice of motion, by the Plaintiff, for
the appointment of a guardian, by whom a De-
fendant who is an infant or a person of weak
intellect or unsound mind may defend the suit,
and the day named in the notice for hearing the
motion.

49. At any
time within three weeks after the execu-
tion of an attachment for want of answer, the
Plaintiff may serve a Defendant so attached with
a notice of motion that the bill may be taken pro
confesso against him, and may move the Court
accordingly as directed by Order LXXVI.

XVII. No order is to be made for leave to file exceptions nunc pro tunc.

XVIII. If a Defendant, using due diligence, is unable to put in his answer to a bill within the times allowed by Order XVI. the Master (on sufficient cause being shown)

may

may allow to such Defendant such further time, and on such, if any, terms, as to the Master seems just.

1845.

XIX. The Master may enlarge the time for making Master may his report upon exceptions, in all cases where the time enlarge time for reporting is not limited by the order of reference, or by notice on exceptions; given pursuant to article 21. of Order XVI.

XX. In all cases where the Master is authorized to and may re

ment.

appoint the time for any proceeding, or to enlarge the peat enlargetime allowed for any proceeding by General Order, he may further enlarge any time so appointed or enlarged, by himself, and on such, if any, terms, as to him seem just, provided the application for such enlargement is made before the expiration of the time previously allowed, and he is satisfied that such enlargement is required for the purposes of justice, and not with a view to create unnecessary delay.

XXI. The power of the Court to enlarge or abridge Court retains the time for doing any act, or taking any proceeding in power to enlarge or a cause, upon such, if any, terms as the justice of the abridge time. case requires, is unaffected by these Orders.

Subpœna.

XXII. Subpoenas to appear, or to appear and answer, which are served within the jurisdiction of the Court, are to be made returnable within eight days after the service thereof.

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Court to limit time for ap pearance where sub

XXIII. Subpoenas to appear or to appear and answer, which are served out of the jurisdiction of the Court, are to be made returnable at such time after the service thereof as the Court by special order may direct; and direct; and pœna served out of jurisif an answer be required, each such subpoena is to spe- diction.

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1845.

Subpoena to be prepared by solicitor.

Form of.

Before service, subpœnas may be

amended as

to names.

Service of subpoena to

cify the time after service, within which the Defendant is required to answer.

XXIV. All writs of subpoena in this Court are to be prepared by the solicitor of the party requiring the same; and the seal for sealing the same is to be marked or inscribed with the words "Subpoena Office, Chancery;" and such writs are to be in the terms mentioned at the foot of these Orders, or as near as may be, with such alterations and variations as circumstances may require.

correct

any

XXV. In the interval between the suing out and service of any subpoena, the party suing out the same may error in the names of parties or witnesses, and may have the writ re-sealed, upon payment to the clerk of the Subpoena Office of a fee of one shilling, and at the same time leaving a còrrected præcipe of such subpœna, marked, altered and re-sealed, and signed with the name and address of the solicitor or solicitors suing out the same.

XXVI. Service upon a Defendant's solicitor of a subpœna to answer an amended bill, or to hear judgment, amended bill, is to be deemed good service upon the party.

answer

or to hear

judgment. Answer being insufficient, Defendant to

answer without further subpena.

Service of

copy bill.

Court, after

twelve weeks'

XXVII. After the allowance of or submission to exceptions to an answer for insufficiency, a Defendant is to answer within the time appointed, without being served with any subpoena to make a better answer.

Service of Copy Bill.

XXVIII. Where the Plaintiff has omitted to serve

delay, may any Defendant with a copy of the bill under the 23rd of permit service the Orders of the 26th of August, 1841, within twelve of copy bill. weeks from the filing of such bill, the Court may, if it

shall

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