LVIII. After the service of the copy of a traversing note filed as aforesaid, a Defendant is not at liberty to plead, answer, or demur to a bill, or to put in any further answer thereto, without the special leave of the Court, and the cause is to stand in the same situation if such Defendant had filed a full answer, or further answer to the bill on the day on which the note was filed.

Injunction to stay Proceedings at Law.

as

1845.

After service

not to plead, of, Defendant

&c. without special leave.

Common inPlaintiff enjunction. titled to, if De fendant does

not appear within eight days, or answer within from appeareight days

LIX. The Plaintiff in a bill praying an injunction to stay proceedings at law is entitled, as of course, on motion or petition, and without an attachment, to the common injunction for want of appearance, if a Defendant has not appeared, in person or by his own solicitor, on or after the expiration of eight days from the service of the subpoena, and for want of answer, if a Defendant ance. is in default for want of answer, on or after the expiration of eight days from the day on which an appearance was entered by or for him.

possession of junction may

common in

order to amend without prejudice.

obtain one

LX. The Plaintiff in an injunction cause, having Plaintiff in obtained the common injunction to stay proceedings at law, may (either before or after the answer of a Defendant is put in, and whether such injunction be or be not continued to the hearing of the cause) obtain one order, as of course, to amend his bill without prejudice to the injunction; and if such bill be amended pursuant to such order, such Defendant may, thereupon and although he may not have put in his answer to such bill or the amendments thereof, move the Court, on notice, to dissolve the injunction, on the ground that such bill as amended does not, even if the amendments junction. be true, entitle the Plaintiff thereto.

dissolve before

Defendant may move to answer, where would not bill, if true, entitle Plain

tiff to in

LXI. The Plaintiff in a bill of revivor, or of revivor Defendant not

c 2

and pleading or

1845.

demurring within eight days, Plaintiff

entitled to order to revive.

Ditto, by order of

Court, where

appearance entered for Defendant.

On death of sole Plaintiff,

Court may order representative to revive or dismiss bill.

and supplement, is entitled as of course, upon motion or petition, to the common order to revive, if a Defendant, having appeared in person or by his own solicitor, does not, within eight days after such appearance, plead or demur to the whole bill, or to so much thereof as prays the revivor.

LXII. If the Plaintiff in a bill of revivor or of revivor and supplement, has caused an appearance thereto to be entered for any Defendant against whom it is sought to revive the suit, and such Defendant does not, within eight days after such appearance, plead or demur to the whole bill, or to so much thereof as prays the revivor, the Court may, if it thinks fit, make the common order to revive, upon motion; such motion being made on notice to be served on such Defendant as other notices of motion, if such Defendant was a party to the suit at the time of the abatement thereof; but if such Defendant was not a party to the suit at such time, then such motion is to be made on notice served on such Defendant personally, unless it appears on affidavit, that the Plaintiff is unable or ought not to be bound to serve such notice personally, by reason of such Defendant being out of the jurisdiction, or being concealed, or for any other cause; and if it appears to the Court that the Plaintiff cannot, or ought not to be bound to serve such notice personally, then upon notice otherwise served or published as the Court may direct.

LXIII. In cases where a suit abates by the death of a sole Plaintiff, the Court, upon motion of any Defendant made on notice served on the legal representative of the deceased Plaintiff, may order that such legal representative do revive the suit within a limited time, or that the bill be dismissed.

Amendments

Amendments of Bill.

1845.

Amendments of

LXIV. An order for leave to amend a bill may be obtained, at any time before answer, upon motion or bill. petition, without notice.

LXV. An order for leave to amend a bill, only for the purpose of rectifying some clerical error in names, dates or sums, may be obtained, at any time, upon motion or petition, without notice.

LXVI. One order of course for leave to amend a bill, as the Plaintiff may be advised, may be obtained by the Plaintiff, at any time before filing (or undertaking to file) a replication, and within four weeks after the answer, or the last of several answers is to be deemed sufficient; but no further order of course for leave to amend a bill is to be granted after an answer has been filed, unless in the case provided for by Order LXV.

before answer.

To rectify clerical error.

Plaintiff entitled to one

order of course to amend

within four

weeks after last answer

sufficient.

obtaining special order to

amend.

LXVII. A special order for leave to amend a bill is Affidavit for not to be granted without affidavit, to the effect, first, that the draft of the proposed amendments has been settled, approved, and signed by counsel; and second, that such amendment is not intended for the purpose of delay or vexation, but because the same is considered to be material for the case of the Plaintiff.

LXVIII. After the Plaintiff has filed or undertaken to file a replication, or after the expiration of four weeks from the time when the answer or last answer is deemed sufficient, a special order for leave to amend a bill is

not to be granted, without further affidavit showing that the matter of the proposed amendment is material, and could not, with reasonable diligence, have been sooner introduced into such bill.

After replication, further

affidavit re

quired for leave to

amend.

1845.

Such affidavits

LXIX. Such affidavits as are mentioned in Orders LXVII. and LXVIII. are to be made by the Plaintiff to be made by and his solicitor, or by the solicitor alone in case the Plaintiff from being abroad or otherwise is unable to join therein.

Plaintiff and

his solicitor.

Plaintiff not

amending

time, order

LXX. Where the Plaintiff obtains an order for leave within limited to amend his bill, and does not amend the same within the time limited for that purpose, the order to amend becomes void, and the cause, as to dismissal, stands in the same situation as if such order had not been made.

becomes void.

Amended bill.

After eight days, no further time to

answer

amendments not required to be answered.

After adverse

appearance,

Court may order im

mediate attachment against Defendant likely to abscond.

Defendant

' in custody of serjeant-at

arms or mes

senger" for want of answer, to be discharged

Amended Bill. No Answer required.

LXXI. Where the Plaintiff amends his bill without requiring an answer to the amendments, no warrant for time to answer such amendments is to be granted after the expiration of eight days from the service of the notice of the amendment of the bill.

Defendant likely to abscond without answering.

LXXII. If there is just reason to believe that any Defendant means to abscond before answering the bill, the Court may, on the ex parte application of the Plaintiff, at any time after appearance has been entered for such Defendant by the Plaintiff, order an attachment for want of answer to issue against him; and such attachment is to be made returnable at such time as the Court directs.

Defendant attached for want of Answer.

LXXIII. If any Defendant, being in custody of the serjeant-at-arms or of a messenger under an attachment for want of his answer, is not brought to the bar of the Court within ten days after he was taken into custody, he is to be discharged out of custody by the serjeant-at

arms

arms or messenger in whose custody he is, without payment by him of the costs of his contempt, which in such case are to be paid by the Plaintiff; but if such Defendant does not put in his answer within eight days after such discharge, the Plaintiff may cause a new attachment to be issued against him for want of his

answer.

LXXIV. If any Defendant be in prison under, or being already in prison be detained under an attachment for not answering, and be not brought to the bar of the Court within thirty days from the time of his being actually in custody or detained (being already in custody under such attachment), he is to be discharged from the process for want of answer under which he was arrested or detained, by the sheriff, gaoler, or keeper of the gaol in whose custody he is, without payment of the costs of his contempt, which in such case are to be paid by the Plaintiff; but if such Defendant does not put in his answer within eight days after such discharge, the Plaintiff may cause a new attachment to be issued against him for want of his answer.

LXXV. A Defendant being brought up in custody for want of his answer, and making oath in court that he is unable, by reason of poverty, to employ a solicitor to put in his answer, the Court is thereupon to refer it to the Master to inquire into the truth of that allegation, and to report thereon to the Court forthwith; and the Court may appoint a solicitor to conduct such inquiry on the behalf of such Defendant; and if the Master reports such Defendant to be unable, by reason of poverty, to employ a solicitor to put in his answer, the Court may assign a solicitor and counsel for such Defendant to enable him to put in his answer.