33. In cases where there are several Defendants who do not join in the same answer, the Plaintiff (if not precluded from amending, or limited as to the time of amending by some former order) may, after answer and before replication or undertaking to reply, at any time within four weeks after the last answer is deemed or found to be sufficient, obtain one order of course for leave to amend his bill.

1845.

Ditto, where there are

several De

fendants.

34. The Plaintiff, having obtained an order for leave Limitation of to amend his bill, has, in all cases in which such time to

order is not made without prejudice to an injunction, fourteen days after the date of the order within which he may amend such bill.

amend.

of default.

If such bill be not amended within such four- Consequence
teen days, the order for leave to amend be-
comes void, and the cause, as to dismissal,
stands in the same situation as if such order
had not been made.

35. The Plaintiff, having obtained an order for leave
to amend his bill without prejudice to an injunc-
tion, must amend such bill within seven days
from the date of the order.

Time to junction cases.

amend in in

of default.

If such bill be not amended within such seven Consequences
days, the order for leave to amend becomes
void, and the cause, as to dismissal, stands in
the same situation as if such order had not
been made.

a

36. A Defendant, being served with subpoena to answer an amended bill praying an injunction to stay proceedings at law, and desiring to avoid motion for an injunction on affidavit of the truth of the amendments, has, for that purpose, only eight days after appearance, within which he is to plead, answer, or demur to such amended bill.

Time for obtaining common injunction on amended bill.

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 ou bill and an-
swer, within four weeks after the last answer is
deemed or found to be sufficient.
Otherwise any Defendant may

move to dis-
miss 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.

41. If a Defendant puts in an answer to amendments
to which the Plaintiff has not required an answer,
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.

Time to file where Dereplication fendant an

swers amend.

ments, though not required,

Time for obtaining commission to examine wit

nesses.

nesses.

43. After the replication is filed, parties have two Time for exmonths to examine their witnesses; and if such amining wittwo 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.

44. After the expiration of two months from the filing of the replication, publication is to pass, unless 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.

Time for passing publication.

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.

b3

cause, and serving sub

Otherwise

pœna to hear

judgment.

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 dismiss 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 be taken
may
confesso against him, and may move the Court
accordingly as directed by Order LXXVI.

pro

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 1845. such, if any, terms, as to the Master seems just.

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 pea 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.

Subpæna.

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.

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

pœna served