1845. Master's report to be obtained within fourteen days. Scandal, &c. to be ex punged four days after report. order to refer the same to the Master, within six days after the filing thereof, such exceptions are to be considered as abandoned, and the person or party by whom such exceptions were filed is to pay to the opposite party, such costs as may have been incurred by such party in respect of such exceptions. XL. Where 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 such exceptions to the Master for impertinence, does not 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, the exceptions and the order referring the same are to be considered as abandoned, and the person or party by whom such exceptions were filed is to pay to the opposite party, such costs as may have been incurred by such party, in respect of such exceptions, order, and reference. XLI. Upon the expiration of four days from the filing of the Master's report that any pleading or other matter depending before the Court is scandalous or impertinent, the officer having the custody or charge of such pleading or other matter is, upon production to him of an office copy of the Master's report, and a certificate that no exception thereto was filed, or an affidavit that no order to set down any such exception was served within four days after the filing thereof, to expunge from such pleading or other matter, such parts thereof as the Master has found to be scandalous or impertinent, and thereupon, the person or party requiring such scandalous or impertinent matter to be expunged, is to pay to the officer expunging the same, the same fee as on the like occasion has heretofore been paid to the Master. XLII. The XLII. The Master having found any pleading or matter depending before the Court to be or not to be scandalous or impertinent, is to direct by whom the costs of and consequent upon the reference are to be paid. Commission to take Answer. XLIII. All commissions to take answers are to be Commission to take answer to be returnable without delay. Common made returnable without delay; and a Defendant in a Entering Demurrer and Plea. XLIV. A demurrer or plea need not be entered with the Registrar; but upon the filing thereof by a De-, fendant, either party is to be at liberty to set the same down for argument immediately. Demurrer. XLV. Where a demurrer to the whole or part of a bill is allowed upon argument, the Plaintiff, unless the Court orders to the contrary, is to pay to the demurring party the costs of the demurrer, and if the demurrer be to the whole bill the costs of the suit also. abolished. Demurrer and plea not to be entered, and either party may set them down. Demurrer. Costs of successful de murrer. whole bill, if not set down within twelve days, to be XLVI. Where a demurrer to the whole bill is not Demurrer to set down for argument within twelve days after the filing thereof, and the Plaintiff does not, within such twelve days, serve an order for leave to amend the bill, the demurrer is to be held sufficient, to the same extent and for the same purposes, and the Plaintiff is to pay to the demurring party the same costs, as in the case of a demurrer to the whole bill allowed upon argument. allowed with costs. XLVII. Where a demurrer to part of a bill is not Demurrer to set down for argument within three weeks after the part of a bill, ditto. Plea. 1845. Where plea allowed, the Plaintiff to pay costs, unless, &c. Plea, unless set down by Plaintiff within three weeks, to be allowed with costs; filing thereof, and the Plaintiff does not, within such three weeks, serve an order for leave to amend the bill, the demurrer is to be held sufficient, to the same extent and for the same purposes, and the Plaintiff is to pay to the demurring party the same costs, as in the case of a demurrer to part of a bill allowed upon argument. Plea. XLVIII. Where a plea to the whole or part of a bill is allowed upon argument, the Plaintiff, unless he undertakes to reply to the plea, or the Court orders to the contrary, is to pay to the party by whom the plea is filed the costs of the plea, and if the plea be to the whole bill, the costs of the suit also; and in such lastmentioned case, the order allowing the plea is to direct the dismissal of the bill. XLIX. Where a plea to the whole or part of a bill is not set down for argument within three weeks after the filing thereof, and the Plaintiff does not, within such three weeks, serve an order for leave to amend the bill, or does not, within such three weeks, by notice in writing, undertake to reply to the plea, the plea is to be held good, to the same extent, and for the same purposes, and the same costs are to be paid by the Plaintiff, as in the case of a plea to the whole or part of a bill allowed upon argument; and where the plea is to the whole bill, the Defendant by whom such plea was filed may, at any course to dis- time after the expiration of such three weeks, obtain as of course an order to dismiss the bill. and after three weeks' order of miss. Proceedings stayed till Plt. replies to to his under L. The Plaintiff having undertaken to reply to a plea to the whole bill, is not, without the special leave of the plea according Court, to take any proceeding against the Defendant by whom the plea was filed till after replication. taking. Election Election to proceed at Law or in Equity. LI. A Defendant whose answer is excepted to or referred back on former exceptions, alleging that the Plaintiff is prosecuting him in this Court and also at law for the same matter, may, by notice in writing, require the Plaintiff to procure the Master's report on the exceptions within four days after the service of such notice; and if the Plaintiff does not procure the Master's report in four days accordingly, or if the exceptions be not allowed, such Defendant may obtain, as of course, on motion or petition, the usual order for the Plaintiff to elect in which court he will proceed, with the usual directions; but the Plaintiff may move to discharge such order on the merits confessed in the answer. Traversing Note. 1845. Election. In cases of election De fendant whose answer is excepted to may require Plain tiff to obtain report in four days. Traversing note. note upon default in an LII. After the expiration of the time allowed to a Plaintiff may Defendant to plead, answer, or demur (not demurring file traversing alone) to any original or supplemental bill or bill amended before answer, if such Defendant has filed no plea, answer, or demurrer, the Plaintiff may file a note at the record and writ clerk's office to the following effect: "The Plaintiff intends to proceed with his cause as if the Defendant had filed an answer traversing the case made by the bill." swering, &c. LIII. After the expiration of the time allowed to Ditto, upon amended bill. plead, answer, or demur, not demurring alone, to a bill amended after answer, the Plaintiff (if a Defendant has not filed any plea, answer, or demurrer) may file a note at the record and writ clerk's office to the following effect: "The Plaintiff intends to proceed with his cause, as if the Defendant had filed an answer traversing the allegations introduced into the bill by amendment." VOL. VII. с LIV. After 1845. Plaintiff may file traversing note after insufficient answer. Ditto, upon overruling plea or de murrer. Copy of traversing note to be served. Effect of traversing note. LIV. After the expiration of the time allowed to a Defendant to put in his further answer to any bill, the Plaintiff (if such Defendant shall not have put in any further answer) may file a note at the record and writ clerk's office to the following effect: "The Plaintiff intends to proceed with his cause, as if the Defendant had filed a further answer traversing the allegations in the bill whereon the exceptions are founded." LV. Where a demurrer or plea to the whole bill is overruled, the Plaintiff, if he does not require an answer, may immediately file his note in manner directed by Orders LII. or LIII., as the case may require, and with the same effect, unless the Court, upon overruling such demurrer or plea, gives time to the Defendant to plead, answer, or demur; and in such case, if the Defendant files no plea, answer, or demurrer within the time so allowed by the Court, the Plaintiff, if he does not then require an answer, may on the expiration of such time file such note. LVI. A traversing note having been filed, a copy thereof is to be served on the Defendant against whom the same is filed, in the manner directed by the nineteenth and twenty-first of the Orders of the 26th of October 1842 (a) for the service of documents not requiring personal service. LVII. A traversing note, being filed and a copy thereof duly served, is to have the same effect, as if a Defendant had filed a full answer or further answer, traversing the whole bill, or such parts of the bill as the note relates to, on the day on which the note was filed. (a) Ordines Can, 214, 215. LVIII. After |