* VII. Demurrer for multifariousness ( 23 ).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] doth demur to the said bill, and for cause of demurrer showeth that it appears by the said bill that the same is exhibited against this defendant and J. H., J. C., T.S. and W. T. for several and distinct matters and causes, in many whereof as appears by the said bill this defendant is not in any manner interested or concerned, by reason of which distinct matters the said plaintiff's said bill is drawn out to a considerable length, and this defendant is compelled to take a copy of the whole thereof, and by joining distinct matters together which do not depend on each other in the said bill, the pleadings orders and proceedings will in the progress of the said suit be intricate and prolix, and this defendant put to unnecessary charges in taking copies of the same, although several parts thereof no way relate to or concern him; for which reason and for divers other errors appearing in the said bill, this defendant doth demur thereto, and he prays the judgment of this honorable court whether he shall be compelled to make any further or other answer to the said bill, and he humbly prays to be hence dismissed, with his reasonable costs in this behalf sustained.

(23) Ld. Red. Tr. Pl. 181, and note (b), ibid.; Brookes v. Lord Whitworth, 1 Madd. Rep. 86. 88, and note (d), ibid.; Salvidge v. Hyde, 5 Madd. 138; S. C. on appeal, 1 Jac. R. 151. In Rayner v. Julian, 2 Dick. 677, a demurrer to a bill" for that it was multifarious " was over-ruled as informal.

An objection for multifariousness must be taken by demurrer, and cannot be made at the hearing of the cause; Ward v. Cooke, 5 Madd. 122; Wynne v. Callander, 1 Russ. 293, 7.

*VIII. Part of a demurrer for multifariousness to a bill against several purchasers of parts of an estate (24).

And for cause of demurrer showeth that the said bill is exhibited against this defendant and twenty other persons as defendants thereto, for several and distinct and independant matters and causes which have no relation to each other, and wherein or in the greater part whereof this defendant is in no way interested or concerned, and ought not to be implicated.

IX. Demurrer for want of equity and also for multifariousness to a bill for discovery and for a commission to examine witnesses abroad in relation to two actions at law commenced against the plaintiff in equity (25).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74. ] and for cause of demurrer showeth that the said complainants have not in and by their said bill shown any right or title to the discovery, or to the commission and injunction thereby sought; and for further cause of demurrer this defendant showeth that the discovery and commission by the said bill sought, relate to several distinct matters by the said bill alleged to have been pleaded by the said complainants to two several and distinct actions at law in the said bill alleged to have been commenced by this defendant against the said complainants, and which two several actions appear by the said bill to relate to several and distinct matters and to be founded on several and distinct causes of action, and such several and distinct matters so pleaded by the said complainants to the said two several actions ought not to have been joined together in one bill: Wherefore and for other good causes of demurrer apparent in the said bill &c. [as in form No. I. p. 74.]

(24) See the authorities referred to in the preceding note.

(25) See Shackell v. Macaulay, 2 Sim. & Stu. 79; Thorpe v. Macaulay, 5 Madd. 218; and see also 5 Madd. P. 146.

• X. Demurrer for want of parties to a bill by a creditor of a testator who had died abroad (26).

The demurrer of &c.

These defendants by protestation &c. [see form No. II. p. 75.] do demur to the said bill, and for cause of demurrer show that it appears by the said complainant's said bill that a personal representative of Robert Stewart the testator therein named, resident within the jurisdiction of the court, is a necessary party to the said bill, and yet that there is no personal representative of the said testator resident within the jurisdiction of the court a party to the said bill: Wherefore &c. [as in form No. II. p. 75.]

XI. Demurrer for want of parties.

The demurrer of &c.

These defendants by protestation &c. [see form No. II. p. 75.] do demur to the said bill, and for cause of demurrer show that it appears by the said complainant's own showing in the said bill, that J. S. therein named is a necessary party to the said bill, inasmuch as it is therein stated, that N. M. the testator in the said bill named, did in his life-time by certain conveyances made to the said J. S. in consideration of £, convey to him by way of mortgage certain estates in the said bill mentioned to have been devised for the purpose of paying the said testator's said debts and legacies, but yet the said complainant has not made the said J. S. a party to the said bill: Wherefore &c. [as in form No. II. p. 75.]

(26) Ld. Red. Tr. Pl. 180, 4th ed. and note (s), ibid.; Lowe v. Fairlie, 2 Madd. Rep. 101. The demurrer need not point out the parties by name; it is sufficient if it points out who the individuals are by some description enabling the plaintiff to make them parties; 2 Madd. Ch. Pr. 293, 4; and see Pyle v. Price, 6 Ves. 780, 1; and 11 Ves. 369.

Semble, such demurrer should be to the whole bill; see East India Company v. Coles, reported in a note to Blackburn v. Jepson, 3 Swanst. 142, 3.

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XII. Demurrer to so much of a bill as sought a discovery of waste committed by the defendant, the plaintiff not having waived by his bill all penalties and forfeitures (27).

The demurrer of &c.

This defendant by protestation &c. [see form No. I. p. 74.] as to so much and such part of the said bill as seeks to have discovery from this defendant of any timber or young timber trees in the said bill suggested to have been since the death of Sir J. T. bart. this defendant's late father deceased in the said bill mentioned, felled or cut down on the estate in the said bill mentioned or any part thereof by this defendant, or by his directions, or as seeks to have any discovery of all or any sum or sums of money for which the same or any part thereof were or was sold by this defendant, doth demur, and for cause of demurrer showeth that by the known and settled rules of this honorable court no person ought to be compelled to set forth or discover any matter or thing which doth or may subject him to any pains penalties or forfeitures whatsoever; and therefore as the said discovery sought by the said complainant's said bill doth and may by the known law of this kingdom subject and make this defendant liable to several pains penalties and forfeitures, and which the said complainant hath not in and by his said bill waived as is usual in cases of the like nature to do, this defendant doth demur in law to so much and such parts of the said bill as pray the aforesaid discovery, and humbly demands the judgment of this honorable court whether he ought to be compelled to make any further or other answer than as aforesaid to such parts of the said bill as he hath so demurred unto.

(27) See Ld. Red. Tr. Pl. 197, 4th ed.; Madd. Ch. Pr. vol. i. p. 214, vol. ii. p. 290.

XIII. Demurrer to so much of a bill as sought a discovery which might subject the defendants to a charge of compounding a felony (28),—accompanied by an answer to the other parts of the bill.

The demurrer of the defendants C. D., G. H. and E. his wife to part, and their answer to other part of the bill of complaint of A. B. complainant.

As to so much of the complainant's bill as seeks to charge these defendants or any of them with the concealing or compounding the felony in the bill mentioned, or as seeks to compel any of these defendants to make any discovery touching the same or any of the matters relating thereto in the said bill suggested or alleged, these defendants by protestation not confessing or acknowledging any of the matters or things relating thereto in the said bill comprised, to be true in such sort manner and form as the same are therein alleged or set forth, these defendants do demur, and for cause of demurrer show that they ought not to be compelled to discover or set forth any matters whereby they may impeach or accuse themselves of an offence or crime for which they may subject themselves to fine or to corporal punishment; Wherefore and for divers other good causes of demurrer in the complainant's said bill of his own showing appearing, these defendants as to so much of the complainant's said bill as before is set forth do demur, and do demand the judgment of this honorable court whether they or any of them ought or shall be compelled to make any answer thereto other or otherwise than as aforesaid; and these defendants not waiving their said demurrer but wholly relying and insisting thereon, for answer to so much of the said bill as these defendants are advised is material or necessary for them or any of them to make answer unto, severally answering say they deny &c.

(28) See 1 Madd. Ch. Pr. p. 214; Claridge v. Hoare, 14 Ves. 59; Cartwright v. Green, 8 Ves. 405, 2d. edit.