1845.

Plaintiff may file traversing

note after insufficient answer.

Ditto, upon overruling plea or de

murrer.

Copy of tra

versing 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

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 as if such Defendant had filed a full answer, or further answer to the bill on the day on which the note was filed.

1845.

After service of, Defendant not to plead, special leave.

&c. without

Common injunction. Plaintiff entitled to, if De fendant does

not appear within eight

Injunction to stay Proceedings at Law. 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.

days, or answer within eight days from appear

Plaintiff in

possession of common in

junction may

obtain one

order to amend without prejudice.

LX. The Plaintiff in an injunction cause, having 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.

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

dissolve before

tiff to in

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

c 2

pleading or

and

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.

LXIV. An order for leave to amend a bill may be

obtained, at any time before answer, upon motion or 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.

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 required for leave to

amend.

1845.

Such affidavits to be made by

Plaintiff and his solicitor.

Plaintiff not

amending

time, order

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

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 fur

ther 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 an

swer, 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