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11 Of hearing

the cause on

There may be a reference to the master for these causes, or any of them, and exceptions filed with the clerk at the same time, and where there is an injunction, or ne exeat, the former will not be dismissed, nor the latter discharged upon the ground of the defendant's having answered all the equity of the complainant's bill, unless both the exceptions and reference are disposed of, so that the answer may be considered as perfect by the court.

The duties of a master on the subject of references, forming an important article in the practice of the court of Chancery, the compiler has thought proper to postpone the introduction of them till after the suit had progressed in the most direct course to the Court of Errors, [vide post, reference.]

Of hearing the cause on bill and answer.

The answer being put in and perfected, the next bill and answer. step is on the part of the complainant, if he does not mean to relinquish his cause.

after notice of

If the complainant finds sufficient confessed on the defendant's answer to ground a decree upon, he may proceed to the bearing of the cause on the bill and answer only, without filing a replication, or examining witnesses, but in that case he takes the defendant's answer to be true in every part.

12 'The com- The cause must be set down within three weeks afplainant to have 3 weeks ter the answer is filed and perfected, or the bill at the defendant's an- next or any subsequent term may be dismissed unto set down the less there be some good cause shown to the contra

swer being filed

cause o bill

and answer, ry. (a)

(a) 12 Rule.

The Form of an Answer.

the answer.

The joint and several answers of C. D. and M. N. 13 Form of two of the defendants to the bill of complaint of A. B.

an Infant by A. B. his Father and next friend, complainant.

These defendants now and at all times hereafter sav-
ing and reserving to themselves all manner of benefit
and advantage of exception to the many errors and in-
sufficiencies, in the complainant's said bill of complaint
contained, for answer thereunto, or unto so much or such
parts thereof as these defendants are advised is materi-
al for them to make answer unto-They answer and
say, they admit that
in the complainant's

bill named, did duly make and execute such last will
and testament, in writing, of such date and to such pur-
pose and effect as in the complainant's said bill mention-
ed and set forth, and did thereby bequeath to the com-
plainant
such legacy, of
dollars, in the words for that purpose mentioned in the
said bill, or words to a like purport or effect-And
these defendants further answering, say that they ad-
mit, that the said testator died on or about the

day of
without revoking or
altering the said will-And these defendants further
answering admit, that they these defendants, sometime
afterwards, to wit, on or about the
duly proved the said will before

day of Surrogate, &c. and took upon themselves the burthen of the execution thereof. And these defendants are ready to produce the said probate, as this honorable court shall direct.And these defendants further answering admit, that the said complainant by his said Father, and next friend, did several times since the said legacy

of dollars became payable, apply to them these defendants to have the said legacy paid or secured, for the benefit of the said complainant, which these defendants declined, by reason that the said complainant was, and still is an infant, under the age of twentyone years wherefore these defendants could not, as they are advised, be safe in making such payment, or in securing the said legacy, in any manner for the benefit of said complainant, but by the order and direction and under the sanction of this honorable court-and these defendants further answering, say, that by virtue of the said will of the said testator, they possessed themselves of the real and personal estate, goods, chattels, and effects of the said testator, to a considerable amount: and do admit that effects of the said testator are come to their hands, sufficient to satisfy the complainant's said legacy, and which assets they admit to be subject to the payment thereof, and are willing and desirous, and do hereby offer to pay the same, as this honorable court shall direct, being indemnified therein; and these defendants deny all unlawful combination and confederacy in the said bill charged without that, that any other matter or thing material or necessary for these defendants to make answer unto, and not herein or hereby well and sufficiently answered unto, confessed, or avoided, traversed or denied, is true, to the knowledge or belief of these defendants. All which matters and things these defendants are ready to aver, maintain, and prove, as this honorable court shall direct; and humbly pray to be hence dismissed, with their reasonable costs and charges, in that behalf most wrongfully sustained. Sworn to this

of

day

1818. Before me,

I. K. Master in Chancery.

C. D.

M. N.

G. H. Sol'r for def't.

A memorandum of the date of the issue to be delivered

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Let this cause be set down for hearing at the next court of Chancery, to be held at the city hall of the city of New-York, on the 2d Monday of June next, bill and answer-The issue was joined on the

14 Note of the issue joined to be given to the

register or as

on sistant regieter. (*)

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15 The notice must be of

solicitor

Take notice, that I intend to bring this cause to a hearing on bill and answer at the next court of Chan- 8 days if the adcery, to be held at the city hall of the city of New-resides in the York, on the second Monday of June next, at the open- the court is to ing of the court on that day, or as soon thereafter as counsel can be heard-Dated the

To G. H. Esq. def't. sol❜r.

day of

County where

be held, and 14 days if in anoth1818. er county.(b)

E. F. Sol'r. for Comp't.

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126

1 To be filed within 3 weeks.

OF THE REPLICATION TO THE DEFENDANT'S ANSWER.

Special Contents.

I. To be filed in 3 weeks.

II. Notice to be given by the complainant's solicitor.

III. The form of the Replication.

IV. Cause at issue on filing the Replication.

Of the Replication to the defendant's answer.

If there be not sufficient confessed or admitted by the defendant's answer, so that the complainant may go to hearing on the bill and answer, or if the defendant contradicts the facts charged in the complainant's bill, or any of them, or sets forth new facts and circumstances, which the complainant is not disposed to admit, both of which is usually the case, the complainant must maintain the truth of his own allegations, and deny the validity of those alleged by the other party in a replication to the defendant's answer, which is a general averment of the truth and sufficiency of the complainant's bill, and as general a denial of the truth and sufficiency of the defendant's answer.

The replication must be filed within three weeks after the answer is perfected. (a) It is filed with the clerk in court, without oath, and does not require to 2 Notice giv. be signed by counsel. Notice of its being filed, plainant's soli- must be given by the complainant's solicitor, to the sofendant's solici- licitor for the defendant.

en by the com

citor to the de

tor.

Where the defendant disclaims generally to the whole bill, no replication is to be made, but otherwise, where the disclaimer goes only to a part of the bill. (b) If the plaintiff reply to a plea or demurrer he admits them (if true) to be good. (n)

(a) Rule 12. (b) 3 Atkins, 582. (c) Bart. 143.

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