ture of the suit. Thus the Court will not allow a bill of discovery to be amended after answer, by adding a prayer for relief (Butterworth v. Bailey, 15 Ves. 358); nor a bill for relief and discovery by striking out the prayer for relief (Cholmondeley v. Clinton, 2 Ves. and B. 113); nor is it as of course to permit a cross-bill to be amended by adding a prayer for relief, although under special circumstances it has been allowed (Severn v. Fletcher, 5 Sim. 457). A bill may, however, be amended by adding a prayer for an injunction after answer, but the order will not be granted without prejudice to the plaintiff's taking exceptions to the answer (Jacob v. Hall, 12 Ves. 458).

A bill may be amended as of course by striking out the name of a defendant at any time before he has appeared, after which it is upon payment of costs. Before the defendant has appeared it is also a motion of course to strike out the name of a plaintiff; but after appearance it can only be done upon special application, and generally upon terms (Lloyd v. Makeam, 6 Ves. 145; and see Sloggett v. Collins, 7 Jur. 639). A bill may be amended by adding plaintiff's even after answer (Hichens v. Congreve, 1 Sim. 500).

Within what time.] Formerly the plaintiff was permitted to amend his bill, as of course, as often as he pleased, in almost any stage of the suit before the hearing. This privilege, however, has been considerably circumscribed by the orders of 3rd April, 1828.

By the 13th of these orders it is ordered, "That after an answer has been filed the plaintiff shall be at liberty, before filing a replication, to obtain upon motion or petition, without notice, one order for leave to amend the bill; but no further leave to amend shall be granted after an answer and before replication, unless the Court shall be satisfied by affidavit that the draft of the intended amendments has been settled, approved, and signed by counsel, and that such amendments are not intended to be made for the purpose of delay or vexation, but because the same are considered to be material to

the case of the plaintiff; such affidavit to be made by the plaintiff, or one of the plaintiffs, where there is more than one, and his, her, or their solicitor, or by such solicitor alone, in case the plaintiff or plaintiffs, from being abroad or otherwise, shall be unable to join therein; but no order to amend shall be made after answer and before replication, either without notice or upon affidavit, in manner herein before mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient. But this order shall not extend to amendments which are made only for the purpose of rectifying some clerical error, or errors in names, dates, or sums; in which cases the order to amend may be obtained upon motion or petition without notice." The time, however, which occurs between the last seal after Trinity Term and the first seal before Michaelmas Term, and between the last seal after Michaelmas Term and the first seal before Hilary Term, is not reckoned in the computation of time allowed a party for amending any bill (19 Ord. 1828).

By the 15th id. it is ordered, "That after a replication has been filed the plaintiff shall not be permitted to withdraw it, and to amend the bill without a special order of the Court for that purpose, made upon a motion, of which notice has been given; the Court being satisfied by affidavit that the matter of the proposed amendment is material, and could not, with reasonable diligence, have been sooner introduced into the bill."

At the time of issuing these orders, all applications to amend were made to the Court itself; but by the Act 3 & 4 Will. IV. c. 94, s. 13, the Masters in Ordinary are to hear and determine all applications for leave to amend bills, with liberty for either party to appeal by motion from the order made thereon; and by section 14, no such application is in future to be heard by any of the judges, except on appeal as aforesaid. It has been determined that this act does not apply to those cases

where the plaintiff is entitled to an order as of course to amend; nor to those cases in which the Court, being possessed of all the circumstances of the case, is enabled at the time to exercise a proper discretion on the subject of amendment (Rees v. Edwards, 1 Kee. 465). Also, that after the six weeks limited by the 13th order have elapsed, the Master has no jurisdiction to entertain the application, but that the plaintiff must apply to the Court (Lloyd v. Wait, 4 My. & Cr. 257).

How made.] If the plaintiff is entitled to an order to amend as of course, it may be obtained either by motion in Court, or by petition at the Rolls. The petition may be presented any day in or out of term; the motion can only be made in term, or on motion days out of term. Draw up a hand motion "To move for an order to amend the plaintiff's bill," &c., and give it to counsel who will move the Court; after which, draw up the order in the usual way, (see poste "Motions"), for which you pay 3s. and enter it,-pay 6d. This is merely a half-guinea motion. If done by petition, prepare a petition (see forms, p. 1, Appendix), and present it to the Secretary of the Rolls, who will draw up and enter the order. Pay him 7s.

If the plaintiff is not entitled to an order as of course, the application must be made to one of the Masters in ordinary, pursuant to 3 & 4 Will. IV. c. 94. For this purpose, if the suit has not already been referred, the plaintiff must proceed to do so (see Part III," Referring suit"), after which a warrant must be taken out, and served in the usual way (see id. " Warrants"). The application must be supported by an affidavit pursuant to the 13th and 15th orders, which affidavit is filed in the Master's office (see form p. 11, Appendix).

If the plaintiff does not require a further answer to the amended bill, it should be so stated in the order, otherwise it is irregular (Boddington v. Woodley, 9 Sim. 380). As soon as the order has been obtained,

a copy of it should be served upon the defendant's solicitor, if the defendant has appeared.

The bill is usually amended by counsel, the amendments being written in red ink, after which it must be signed by him. If amended, however, by the same counsel who drew the bill, and a new engrossment is not necessary, counsel's name need not be repeated (Webster v. Threlfall, 1 S. and S. 137). The bill having been amended, it is then taken, together with the order, to the Clerk of the records and writs in whose division the suit is, (see ante, p. 7), and upon their being left with him, he makes the alterations in the record of the bill, after which he returns you the order and the draft bill. Pay him, if the amendments are under ten folios, 14s., and for every folio exceeding ten, 6d. If the amendments exceed two chancery folios, of 90 words each, continuously in any one part of the bill, it must be re-engrossed, after which it is filed with the Clerk of the Records and Writs, who annexes it to the original bill (Vernon v. Vaudry, 2 Atk. 119). If the amendments are so considerable as to blot and deface the bill, it should be taken off the file and a new one put on (Boyd v. Mills, 13 Ves. 87). The plaintiff is bound to amend the bill within three weeks from the date of the order, otherwise it is void (14th Ord. 3rd April, 1828).

Notice of] If the defendant has taken an office copy of the bill, the plaintiff should serve him with notice of the amendment, in order that he may have his office copy amended (see form p. 58, Appendix). Upon the office copy being left with the Clerk of the records and writs, he will make the amendment accordingly. Pay him, if the amendments are under ten folios, 7s.; and 4d. for every folio over ten.

Effect of] The amendment of a bill in general puts an end to all process of contempt, for want of appearance or answer. By the 1 Will. IV. c. 36, rule 10, however, it

is enacted, that where the defendant has been brought to the bar of the Court for his contempt in not answering, and refuses or neglects to answer (not being idiot, lunatic, or of unsound mind), the Court may, upon motion, or petition, of which personal notice must be given to the defendant, authorize the plaintiff to amend his bill, without such amendment operating as a discharge of the contempt, or rendering it necessary to proceed with the process of contempt, de novo; but after such amendment the plaintiff may proceed to take the amended bill pro confesso, as if it had not been amended.

Until the orders of 9th May, 1839, if the plaintiff amended his bill after the common injunction to stay proceedings, the injunction was gone, and could only be obtained upon the amended bill by special application (Home v. Watson, 2 Sim. 85). By the 2nd of the foregoing orders, however, it is ordered, "That the plaintiff in any injunction cause, having obtained the common injunction to stay proceedings at law, may (either before or after the answer of the defendant shall be put in, and whether such injunction shall or shall not have been continued to the hearing of the cause), obtain an order, as of course, for leave to amend the bill without prejudice to the injunction, but that such order shall contain an undertaking by the plaintiff to amend the bill within one week after the date of the order, and in default thereof, the order shall become void, and that in case the bill shall be amended pursuant to such order, the defendant shall thereupon, and although he may not have put in his answer to the bill, or the amendments thereof, be at liberty to move the Court, on notice, to dissolve the injunction, on the ground that the bill, as amended, does not, even if the amendments be true, entitle the plaintiff thereto." Under this order it has been held that the plaintiff, in an injunction suit, has the same time to obtain an order, as of course, to amend his bill, as in an ordinary suit (Lloyd v. Clark, 7 Jur. 568).

By the 3rd id. it is provided, "That in case an in