answer, which is excepted to as insufficient, and the defendant submits to answer further, or the answer shall on reference be found insufficient, in either case the complainant may amend his bill of course, and without costs, and the defendant shall answer the amended bill and exceptions together, and when the defendant shall plead or demur, and the plea or demurrer shall be overruled, the complainant may before the time for answering expires, amend his bill of course, and without costs, and the defendant shall answer the amended bill with the exceptions to the plea, if it shall stand for an answer, with liberty to except and be excepted to; and the defendant shall submit to answer the exceptions, or the exceptions shall on reference be allowed.(d)

And if the defendant submits to the exceptions by putting in a further answer, the plaintiff, if he thinks the second answer not sufficient, should within a reasonable time, say three weeks, obtain an order to refer the answer to the master for insufficiency.(e) And the plaintiff ought, either in the order of reference, or by notice to the defendant, to specify to which of the exceptions the second answer is still imperfect.(ƒ) Where exceptions to an answer were taken in November, and the defendant put in a second answer in December, and the plaintiff in March following obtained a rule of reference to the master without any notice to the defendant, the plaintiff was deemed to have acquiesced in the second answer, and the order of reference was set aside.(g) And though the second an

swer was not accompanied with an offer to pay the costs of the exceptions, which the defendant in such case is regularly bound to pay, yet as the plaintiff made no objection on that ground, nor called on the defendant for the costs, he was precluded from making that objection afterwards.(h)

ceeding when

swer is insuffi.

The defendant must in like manner answer fully 8. Of pro where the exceptions are allowed by the master, unless the further an he excepts to the master's report. If he does not, the cient. plaintiff may obtain a reference to the master, upon the bill, answer and old exceptions, which are alone referred back to the master: If after the exceptions taken by the plaintiff, he has amended his bill, and the amendments are not answered, the reference then is upon the new exceptions as to the amendments and upon the old exceptions; but the plaintiff cannot take new exceptions to any thing in the original bill; but as the introduction of circumstances by amendment may vary the colour and quality of the facts in the ori ginal bill, so that it may be impossible to separate or distinguish them, the plaintiff is entitled then to have the master's judgment upon the answer to the amendments, with reference to such parts of the original bilį as apply to them, and this is the utmost he can have.(i): If the second answer is also insufficient, it may be referred as before, and it is the English practice for the plaintiff to move that the defendant be committed if the fourth answer is reported insufficient.(j) This is conformable to the ancient rules of the English chancery, Vide, Beame's Orders, p. 28. But it rests

(h) Ibid.

(i) 2 Mad. 873. Partridge v. Hay

oraft, 11 Ves. 581, Newland, 78,
(j) Newland, 79. note.

9. Exceptions to master's report.

probably in the discretion of the Chancellor, to compel a full and perfect answer without waiting for a fourth repetition of a bad answer, as by the order of Lord Chancellor Somers, in 1700, a defendant was to be examined on interrogatories and committed for a third insufficient answer.(k) There is no special provision for this case in the rules of our court. Barton says, that if the answer be a third time reported insufficient, the defendant will be committed until he put in a full and complete answer to every allegation in the bill material to be answered, and if his contumacy still continue, the plaintiff's bill will be taken pro confesso.(1)*

The defendant is not bound by the decision of the master upon the exceptions referred to him, but if he conceives that the answer is sufficient, he may appeal from the determination of the master by filing exceptions to the master's report, which will be argued before the Chancellor, and receive his determination thereon.

With respect to exceptions to these reports, which do not require confirmation, there does not appear to be any precise time for filing them, either according to the English practice, or by our 'rules. But in England, if the master reports an answer insufficient, the plaintiff' may immediately issue a subpœna to put in a better answer; and if the defendant does not file his exceptions, and set them down within eight days from

This is in conformity to the practice of the civil law, when the Reus after three successive examinations upon the libel, still persisted in giving a vague and incomplete answer, he was detained in vinculis till he conformed; and in case of persevering obstinaey, the libel was proceeded upon as true, and judgment given accordingly.

the service of the subpoena, which time is allowed the defendant for putting in a better answer, the plaintiff may sue out an attachment for want of a better answer, after which the defendant cannot except to the master's report: he may however on motion obtain an order for further time.(m) But if a defendant obtains an order for time to answer the exceptions, it is a submission to answer, and precludes the defendant from excepting.(n) And also if a bill or answer be referred for scandal, and reported by the master to be scandalous, if the master has once expunged the scandal, the party cannot then except to the report, because it does not then appear by the record what that scandal was.(0)

The exceptions to the master's report must be filed with the register or assistant register, and notice thereof must be given to the opposite party. They must also be set down for hearing, and notice thereof must be given to the register or assistant register, and to the adverse solicitor, in all respects the same as was before mentioned respecting exceptions to the master's report.(p)

exceptions.

As to costs on exceptions, they are like costs in all 10. Costs of other cases in this court, subject to its discretion, and may be given or withheld according to the exigency of the case, or they may be left to abide the event of the suit: but the general rule is, that if the defendant submits to the exceptions, the plaintiff has his costs, and if they be referred, the plaintiff shall have the costs of the exceptions allowed, and the defendant his costs of

(m) 1 Tarner, 337. Newland, 175, (n) Hinde, 272, 274.

(o) 2 P. Wms. 181. Newland, 175.
(P) Ante, 268. 279. &c.

11. Form of Exceptions taken to the answer of C. D. the defendant, to the bill of complaint of A. B. against the said C. D.

exceptions to the answer.

1st Exception. For that the said C. D. hath not answered to the best of his knowledge, information and belief, whether, &c.

2d Exception. For that he the said C. D. hath not answered, whether he did, or did not, &c. as in the said bill is alleged he did, and the same being inquired of by the complainant's bill.

In all which particulars the said complainant excepts against the said defendant's answer, as imperfect, evasive, irrelevant and insufficient, and therefore prays that the said defendant may put in a better and further answer thereto.

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

J. S. of Counsel.

() Methodist Episcopal Church v. Jaques, 1 Johns. Chan, Rep. 77.