1845. Time for ap decree nisi. specified in the notice, or that such Defendant will be absolutely excluded from making any such application. LXXXVII. If such notice as is mentioned in Order plying to open LXXXVI. is to be served within the jurisdiction of the Court, the time therein specified for such application to be made by the Defendant is to be three weeks after service of such notice; but if such notice is to be served out of the jurisdiction of the Court, such time is to be specially appointed by the Court, on the ex parte application of the Plaintiff. Receiver and sequestrator upon decree pro confesso not to act without leave of Court. Rehearing before enrol ment, of cause LXXXVIII. No proceeding is to be taken, and no receiver appointed under the decree nor any sequestrator under any sequestration issued in pursuance thereof is to take possession of, or in any manner intermeddle with, any part of the real or personal estate of a Defendant, and no other process is to issue to compel performance of the decree, without leave of the Court, which is to be obtained on motion with notice served on such Defendant or his solicitor, unless the Court dispenses with such service. LXXXIX. Any Defendant waiving all objection to the order to take the bill pro confesso, and submitting to taken pro con- pay such costs as the Court may direct, may, before enfesso. rolment of the decree, have the cause reheard upon the merits stated in the bill, the petition for rehearing being signed by counsel as other petitions for rehearing. Decree nisi may be made absolute. 1. Where service of decree within jurisdiction. XC. In cases where a decree is not absolute under Order LXXXIII. the Court may order the same to be made absolute on the motion of the Plaintiff, made, 1. After the expiration of three weeks from the service of a copy of the decree on a Defendant, where where the decree has been served within the 1845. 2. Where served out of the jurisdic 2. After the expiration of the time limited by the 3. After the expiration of three years from the date of 3. Where no the decree, where a Defendant has not been service. served with a copy thereof. And such order may be made either on the first hearing of such motion, or on the expiration of any further time which the Court may, on the hearing of such motion, allow to the Defendant for presenting a petition for leave to answer the bill. XCI. Where the decree is not absolute under Order LXXXIII. and has not been made absolute under Order XC., and a Defendant has a case upon merits not appearing in the bill, he may apply to the Court by petition stating such case, and submitting to such terms with respect to costs and otherwise as the Court may think reasonable, for leave to answer the bill; and the Court, being satisfied that such case is proper to be submitted to the judgment of the Court, may, if it thinks fit, and upon such terms as seem just, vacate the inrolment (if any) of the decree, and permit such Defendant to answer the bill; and if permission be given to such Defendant to answer the bill, leave may be given to file a separate replication to such answer, and issue may be joined, and witnesses examined, and such proceedings had as if the decree had not been made, and no proceedings against such Defendant had been had in the cause. XCII. The rights and liabilities of any Plaintiff or Defendant under a decree made upon a bill taken pro confesso Order absolute may be either immediate or de ferred. The decree not being absolute, Court may, on terms, open enrol ment, and permit De fendant to answer and rehear. Rights and under decree liabilities 1845. pro confesso to extend to representatives. confesso extend to the representatives of any deceased Plaintiff or Defendant, and to any persons or person claiming under any person who was Plaintiff or Defendant at the time when the decree was pronounced ; and with reference to the altered state of parties and any new interests acquired, the Court may, upon motion or proceedings. petition served in such manner, and supported by such Court may permit ulterior Joining issue. Subpœna to Only one re- cause to be Form of replication. evidence as under the circumstances of the case the Court deems sufficient, permit any party, or the representative of any party, to file such bill or bills, or adopt such proceedings as the nature and circumstances of the case require, for the purpose of having the decree (if absolute) duly executed, or for the purpose of having the matter of the decree (if not absolute) duly considered, and the rights of the parties duly ascertained and determined. Joining Issue. XCIII. No subpoena to rejoin is hereafter to be issued; and only one replication is to be filed in each cause, unless the Court otherwise orders; and the replication is to be in the form set forth at the foot of this Order, or as near thereto as circumstances admit and require; and upon the filing of such replication, the cause is to be deemed to be completely at issue; and each Defendant may, without any rule or order, proceed to examine his witnesses, and the Plaintiff may, in like manner, proceed to examine his witnesses so soon as notice of the replication being filed has been duly served on all the Defendants who have filed an answer or plea, or against whom a traversing note has been filed. "The Plaintiff in this cause hereby joins issue with the Defendant C. D." [all the Defendants who have answered or pleaded, or against whom a traversing note has been filed], “ and will hear the cause on bill and answer against the Defendant E. F" [all the Defendants against whom the cause is to be heard on bill and answer], “and on the order to take the bill as confessed against the Defendant G. H." [as the case may be]. Commission to examine witnesses. 1845. to examine witnesses to be directed to two barristers or solicitors; XCIV. Commissions to examine witnesses within the Commission jurisdiction of the Court are to be directed to two commissioners only, and, unless the Court otherwise orders, are to be made returnable without delay; and the commissioners are to be either barristers or solicitors not concerned in the cause, and each one of such two commissioners is to have all such power and authority to examine witnesses, as have heretofore been vested in the acting commissioners named in the commissions to examine witnesses which have heretofore been issued; but the commissioner first named in the commissions to but one alone to act. be hereafter issued is alone to act in the execution of any commission, unless he is, by illness or other sufficient cause, incapacitated from acting therein, in which case the commissioner secondly named is alone to act in the execution of such commission. commission. XCV. Immediately after the replication is filed, the After replicaPlaintiff, if he thinks fit, may give notice to all other tion, Plaintiff may give parties entitled to examine witnesses in the cause, of his notice of intention to sue out a commission for that purpose; and the Plaintiff, if he gives such notice within two days Carriage of, after the filing of the replication, or before any De- by Plaintiff. fendant has given notice of his intention to sue out a commission, is to have the carriage of the commission. XCVI. After 1845. Carriage of, by Defendant. Parties may agree on commissioners. Parties not agreeing, the Master to select or nominate commissioners. XCVI. After the expiration of two days from the filing of the replication, if the Plaintiff has not previously given notice to all other parties entitled to examine wit nesses in the cause of his intention to sue out a commission for that purpose, any Defendant may give notice to all the other parties entitled to examine witnesses in the same cause, of such Defendant's intention to sue out a commission for that purpose; and any Defendant so giving such notice is to have the carriage of the commission, unless such notice be given by more than one Defendant, in which case the Defendant who first gave such notice is to have the carriage of the commission. XCVII. Where the parties entitled to examine witnesses in the cause agree to the nomination of persons to be commissioners, and to the order in which such commissioners are to be named, the record and writ clerk, upon being applied to for the purpose, is to cause a commission directed to such persons to be sealed and delivered to the person entitled to have the carriage thereof. XCVIII. If all the parties entitled to examine witnesses in the cause have not, within four days after the filing of the replication, agreed to the nomination of persons to be commissioners, any party entitled to examine witnesses in the cause may apply to the Master to whom any former reference in the cause has been made, or to the Master in rotation in case no former reference has been made, for a warrant, returnable in two days, requiring the other parties to attend for the purpose of having commissioners named; and such Master is to grant such warrant, and the same being duly served, all parties, on the return thereof, are to propose commissioners; and if, among the persons so proposed, there |