default. If he does not, such demurrer is to be held sufficient, and the Consequence of plaintiff is to be held to have submitted thereto. 19. Within three weeks after the filing of a plea to the whole or part of Time for plaintiff a bill, the plaintiff desiring to submit such plea to the judgment of plea. the Court is to cause the same to be set down for argument. to set down any default. If he does not, such plea is to be held good to the same extent Consequence of 20. A defendant whose answer is not excepted to, or referred back on 21. A defendant whose answer is excepted to, or referred back on former *And if the plaintiff does not obtain the Master's Report within 22. After the filing of a defendant's answer, the plaintiff has six weeks 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 insufficiency, 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. Time for obtain. ing order to elect. Ditto, where deis excepted to. fendant's answer [*xxvi] Time to except to answer for insufficiency. Consequence of default. Time to submit to exceptions. Time to answer submits. when defendant eight days. 25. The plaintiff, having filed exceptions for insufficiency to a defen- Exceptions for insufficiency not dant's answer is not to procure an order to refer them to the Master to be referred till before the expiration of eight days from the filing of such exceptions, unless in a case of election he is required by notice in writing from such defendant to procure the Master's Report on such exceptions in four days, pursuant to article 21 of this Order. ferred within 26. The plaintiff, having filed exceptions for insufficiency to a defen- But must be redant's answer, is to procure an order to refer them to the Master fourteen days, after the expiration of eight days but within fourteen days from the filing of such exceptions. [*xxvii] Consequence of Time for obtain 27. Consequence of default. Time for obtain. 28. ing report when exceptions shown for cause. Consequence of default. Time to refer 29. back on old exceptions. Consequence of default. *If he does not, the answer, on the expiration of such fourteen days, is to be deemed sufficient. The plaintiff, having obtained an order for referring to the Master exceptions to a defendant's answer for insufficiency, or for referring back a defendant's answer on former exceptions for insufficiency, 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. If he does not, the answer, on the expiration of such fourteen days or further time, is to be deemed sufficient. The plaintiff, having shown exceptions to a defendant's answer for insufficiency as cause against dissolving an injunction, is to obtain the Master's report thereon within four days after the date of the order to refer them. If he does not, the injunction is dissolved. 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. The answer, if not referred back on the old exceptions within fourteen days after such further answer put in, is, on the expiration of such fourteen days, to be deemed sufficient. When defendant 30. If, after a reference of exceptions for insufficiency, or a reference submits, or answer found insufficient, Master to appoint time. [*xxviii] Consequence of neglect to an swer. Answer, sufficient. 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 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. when 31. The answer of a defendant is to be deemed sufficient, 1. If no excep tion. 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 1. If no exception for insufficiency be filed thereto within six weeks 2. If (exceptions being filed) the plaintiff does not, within fourteen 4. If he does not obtain an order to refer the answer back to the 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. 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. Ditto, where *33. In cases where there are several defendants who do not join in the [*xxix] same answer, the plaintiff (if not precluded from amending, or lim- there are several ited as to the time of amending by some former order) may, after defendants. 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. Limitation 34. The plaintiff, having obtained an order for leave to amend his bill, time to amend. has, in all cases in which such order is not made without prejudice to an injunction, fourteen days after the date of the order within which he may amend such bill. default. of If such bill be not amended within such fourteen days, the order Consequence of 35. The plaintiff, having obtained an order for leave to amend his bill Time to amend default. ing common inamended bill. junction on If such bill be not amended within such seven days, the order for Consequences of leave to amend becomes void, and the cause, as to dismissal, stands in the same situation as if such order had not been made. 36. A defendant, being served with subpoena to answer an amended bill Time for obtainpraying an injunction to stay proceedings at law, and desiring to avoid a 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. *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 on bill and answer, within four weeks after the last answer is deemed or found to be sufficient. [*xxx] Time for filing replication. Otherwise any defendant may move to dismiss the bill for want of Consequence, prosecution. amended bill 38. If the plaintiff amends his bill without requiring an answer to the Time to answer amendments, any defendant desiring to answer the same, must put where no answer required. 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. where answer neither required, amendments. nor put in to 39. Where the plaintiff amends his bill without requiring an answer to Time to reply 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. default. Otherwise any defendant may move to dismiss the bill for want Consequence of of prosecution. Time to reply 40. Where the plaintiff amends his bill without requiring an answer to where plaintiff requires no an swer to amendments, and Master refuses defendant an extended time. [*xxxi] lication where defendant an swers amend ments, though not required. 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 any defendant may move to dismiss the bill for want of prosecution. Time to file rep. 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 answer, 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. to examine witnesses. Otherwise any defendant may move to dismiss the bill for want of prosecution. Time for obtain. 42. Parties desiring to examine witnesses by commission, are not to aping commission ply for a warrant to name commissioners to examine witnesses, until after the expiration of four days from the filing of the replication. Time for exam- 43. After the replication is filed, parties have two months to examine ining witnesses, their witnesses; and if such two 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. Time for passing 44. After the expiration of two months from the filing of the replication, publication. Time for setting 45. down cause, and serving subpœna to hear judg ment. [*xxxii] of subpoena to publication is to pass, unless the time for publication has been en- Time for return 46. A subpoena to hear judgment is not to be returnable at any time less than one month from the test of the writ; and it is to be served at least ten days before the return thereof. hear judgment. Necessary inter. 47. There must, unless the Court gives special leave to the contrary, be val between notice of motion and service of petition and their hearing. Time between 48. notice and hearing of motion for 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. 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 guardian ad li whom a defendant who is an infant or a person of weak intellect or appointment of 49. At any time within three weeks after the execution of an attachment Time for takin excepting nunc pro tunc. XVII. No order is to be made for leave to file exceptions nunc pro No 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 allow to such defendant such further time, and on such, if any, terms, as to the Master seems just. XIX. The Master may enlarge the time for making his report upon exceptions, in all cases where the time is not limited by the order of reference, or by notice given pursuant to article 21 of Order XVI. XX. In all cases where the Master is authorized to appoint the time for any proceeding, or to enlarge the time 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 the time for doing any act, or taking any proceeding in a cause, upon such, if any, terms as the justice of the case requires, is unaffected by these Orders. Subpæna. Master may exswering. tend time for an [*xxxiii] large time for reporting on excep Master may en tions; and may repea enlargement. Court retains or abridge time. power to enlarge Subpœna. pear returnable XXII. Subpoenas to appear, or to appear and answer, which are Subpoena to apserved within the jurisdiction of the Court, are to be made returnable within eight within eight days after the service thereof. XXIII. Subpoenas to appear or to appear and answer, which are served out of the jurisdiction of the Court, are to be made returnable at such time after the service thereof as the Court by special order may direct; and if an answer be required, each such subpoena is to specify the time after service, within which the defendant is required to answer. days. Court to limit time for appear ance where sub pœna served out prepared by so XXIV. All writs of subpoena in this Court are to be prepared by the Subpoena to be solicitor of the party requiring the same; and the seal for sealing the licitor. same is to be marked or inscribed with the words "Subpoena Office, Form of. Chancery;" and such writs are to be in the terms mentioned at the foot |