1854.

Time to answer amendments and

exceptions.

Consequences of default.

As before.

Time to answer amended bill after an

answer.

Consequences of default.

As before.

Time for
Plaintiff to set

down de

murrer to

whole bill.

15. If a Defendant is ordered to answer amendments and exceptions together, he is to put in his further answer and his answer to the amendments of the bill within four weeks after he is served with notice of the amendment of such bill.

If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities:

1. An attachment may be issued against
him;

2. He may be committed to prison, and
brought to the bar of the Court;
3. The Plaintiff may file a traversing
note, or proceed to take the bill pro
confesso against him.

16. If a Defendant, having already answered, is served
with a subpoena to appear to and answer an
amended bill, he is to plead, answer, or demur,
not demurring alone, to such amended bill, within
four weeks, after an appearance thereto has been
entered by or for him.

If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities : —

1. An attachment may be issued against him;

2. He may be committed to prison, and

brought to the bar of the Court; and 3. The Plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him.

17. Within twelve days after the filing of a demurrer to the whole 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

If he does not, such demurrer is to be held
sufficient, and the Plaintiff is to be held to
have submitted thereto.

1845.

Consequence of default.

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 demurrer to 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.

Plaintiff to set

plea.

19. Within three weeks after the filing of a plea to Time for the whole or part of a bill, the Plaintiff desiring down any to submit such plea to the judgment of the Court is to cause the same to be set down for argument. If he does not, such plea is to be held good Consequence of default. to the same extent and for the same purposes as a plea allowed upon argument, and the Plaintiff is to be held to have submitted thereto.

20. A Defendant whose answer is not 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, 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.

Time for obtaining order to elect.

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

also at law for the same matter, may by notice in
writing require the Plaintiff to procure the Mas-
ter's Report upon the exceptions within four
days from the service of the notice.

And

Defendant's

answer is excepted to.

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,
such answer on the expiration of the six
weeks is to be deemed sufficient.

23. A Defendant desiring to avoid a reference to the
Master of exceptions to his answer for insuf-
ficiency, has for that purpose only eight days
after the filing of such exceptions within which he
may
submit to the same before reference.
24. If a Defendant, not being in contempt, submits to
exceptions to his answer for insufficiency before
the Plaintiff has obtained an order to refer the
same to the Master, he is allowed three weeks
from the date of the submission within which he
is to put in his further answer to the bill.
25. The Plaintiff, having filed exceptions for insuf-
ficiency to a Defendant's answer is not to procure
an order to refer them to the Master before the
expiration of eight days from the filing of such
exceptions, unless in a case of election he is re-
quired by notice in writing from such Defendant
to procure the Master's Report on such excep-
tions in four days, pursuant to article 21. of this
Order.

26. The Plaintiff, having filed exceptions for insuf-
ficiency to a Defendant's answer, is to procure
an order to refer them to the Master after the
expiration of eight days but within fourteen days
from the filing of such exceptions.

If he does not, the answer, on the expiration
of such fourteen days, is to be deemed
sufficient.

1845.

Consequence
of default.

Time for
obtaining

Master's Re

27. The Plaintiff, having obtained an order for referring to the Master exceptions to a Defendant's answer for insufficiency, or for referring back a port on inDefendant's answer on former exceptions for in- sufficiency. sufficiency, is to obtain the Master's Report thereon within fourteen days from the date of the order, or within such further time as the Master shall allow.

of default.

If he does not, the answer, on the expiration Consequence
of such fourteen days or further time, is to
be deemed sufficient.

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
Report thereon within four days after the date of cause.
the order to refer them.

If he does not, the injunction is dissolved.
29. After the filing of exceptions to a Defendant's
answer for insufficiency, and any further answer
put in, the Plaintiff has fourteen days from the

filing of such further answer within which he may
refer the answer back to the Master on the old
exceptions.

Consequence of default.

Time to refer

back on old exceptions.

of default.

The answer, if not referred back on the old Consequence
exceptions within fourteen days after such
further answer put in, is, on the expiration
of such fourteen days, to be deemed suffi-
cient.

fendant submits, or an

swer found in

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

sufficient,

Master to appoint time.

1845.

Consequence of neglect to

answer.

Answer, when sufficient.

1. If no exception.

2. If exceptions not referred.

3. If report not obtained.

4. If not referred back on old exceptions.

5. If report

not obtained after second reference.

After answer, Plaintiff may obtain one] order of course to amend.

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
not, within fourteen days after the filing
thereof, obtain an order to refer them.
3. 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.

4. If he does not obtain an order to refer the
answer back to the Master on the old
exceptions within fourteen days after the
filing of a further answer.

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.