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 Otherwise any Defendant may move to dis- 42. Parties desiring to examine witnesses by commis- expiration of four days from the filing of the re- 43. After the replication is filed, parties have two 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 No excepting nunc pro tunc. Master may extend time for answering. Otherwise any Defendant may move to dis- 47. There must, unless the Court gives special leave 49. At any 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. 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. 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 |