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AFFIDAVITS--continued.

no affidavit in reply to be read upon any inquiry before the Master, except as to new matter, which may be stated in the affidavits in answer; nor any further affidavits unless specially required by the Master. -[1828, Order 66.]

ANNUITIES.

In all orders directing the payment of annuities, the time when the first of such payments, and when all subsequent periodical payments, whether quarterly, half-yearly, yearly, or otherwise, shall be made, to be specified and expressed in words at length. — [1833, Order 28.]

ANSWER.

Defendant not to be bound to answer any statement or charge in the bill, unless specially and particularly interrogated thereto, nor any interrogatories except those which he is required to answer (a); and where he shall answer any statement or charge to which he is not interrogated, only by stating his ignorance of the matter so stated or charged, such answer to be deemed impertinent.—[1841, Aug. 26th, Order 16.]

(a) This will materially shorten answers in most cases.-ED.

ANSWER-continued.

Defendant may by answer decline answering any interrogatory, or part of an interrogatory, from answering which he might have protected himself by demurrer, and this notwithstanding he answer other parts of the bill from which he might have protected himself

by demurrer.-[1841, August, Order 38.] Dedimus for.

Defendant may, without order, sue out a dedimus to take his plea, answer, or demurrer (a) (not demurring alone) in the country, on giving two days' notice in writing to plaintiff's clerk in court to give commissioners' names, and in default thereof defendant may sue out the same, directed to his own commissioners; and in case of illness or infirmity, whereby a defendant resident not less than four miles from Lincoln's Inn Hall shall be rendered unable to travel or leave home, he shall, upon filing an affidavit thereof, after such notice as above, be entitled to such

dedimus.--[1833, Dec. Order 9.] Exceptions to

In all cases, whether answer filed in term

(a) If the defendant demur to part of the bill, and answer the remainder, he must sue out a special dedimus.- Tomlinson v. Swinnerton, 1 K. 9.

But this will in many cases be rendered unnecessary by the 38th Order of Aug. 1841.-Ed.

ANSWER, Exceptions to-continued.

time, or vacation, plaintiff to be allowed two
months to except; but if exceptions not deli-
vered within the two months, the answer to
be deemed sufficient, and plaintiff to have no
Order to deliver exceptions nunc pro tunc(a).-
[1828, Order 4.]

The time between the last seal after Trinity
Term, and the first seal before - Michaelmas
Term, and between the last seal after Michael-
mas Term, and the first seal before Hilary
Term, not to be reckoned (6).—[1831, Order

19.]

When exceptions for insufficiency are not submitted to, plaintiff may, at the expiration of eight days after the exceptions are delivered, but not before, unless in injunction causes, refer such answer for insufficiency; and if he do not refer the same within the next six days the answer to be deemed sufficient (c).—[1828, Order 5.]

(a) This Order has been held to apply to exceptions for insufficiency only.--Bradbury v. Booker, 4 Sim. 325.

The time for filing exceptions under this Order begins to run from the time of filing the answer, and not from that of payment of costs of the contempt, where an attachment has issued for want of answer.- Nicklin v. Patten, Rolls, May 8th, 1841; 5 Jur. p. 547.

(6) This Order applies equally to the time allowed for filing, delivering and referring exceptions, and obtaining the Master's report; see p. 10, post.

(c) An Order for referring an answer for insufficiency must be

ANSWER, Exceptions to-continued.

If the plaintiff do not within three weeks after second or third answer filed, refer it for insufficiency on the old exceptions, such answer to be deemed sufficient (a).—[1831; Order 6.] And if so referred, the particular exception or exceptions to which he requires a further answer to be stated in the Order. [1828, Order 7.]

If upon a reference of exceptions the Master find the answer insufficient, he shall fix the time to be allowed for putting in a further answer, and shall specify the same in his

served as well as obtained before the expiration of the six days allowed by this Order ; Peace v. Hodgson, 7 Sim. 347; Taylor v. Harrison, 8 Sim. 21, and 1 Myl. & Cr. 274. And plaintiff is not relieved from the necessity of serving such Order by immediately carrying it into the Master's office, and applying for a warrant to proceed upon it, if no notice is given to the defendant.--Attorney. General v. Clack, 1 Myl. & Cr. 367.

Should either of the periods mentioned in the 19th Order of 1831 intervene before the expiration of the eight days, it must not be reckoned in the computation of such eight days.-Perry v. Walker, Cooper, P. C. 430.

(a) If the time for referring a further answer for insufficiency upon the old exceptions under this Order has expired, it cannot afterwards be revived by referring the answer for impertinence.Jeffray v. M‘Cabe, 1 Russ. & Myl. 739. But in Bradbury v. Booker, 4 Sim. 325, the Vice Chancellor decided otherwise.

Exceptions to an answer for insufficiency will not fail on account of their not following literally the words of the interrogatory, provided the variation be not important.-Brown v. Keating, 2 Beav. 581.

ANSWER, Exceptions to-continued.

report, and plaintiff need not serve a subpæna for the defendant to make a better answer. If further answer not put in within the time allowed the defendant to be in contempt(a).[1828, Order 8.]

Where, however, a defendant who is not in contempt, or has not entered his appearance with the registrar, in manner mentioned in the 21st Order of 1833 (p. 15, post), submits to answer exceptions taken to a first answer, before any Order to refer the same has been obtained, he to be allowed, as of course, and without Order, four weeks to put in a further answer thereto; but if such Order be served prior to such submission, then the Master to fix the time to be allowed for putting in such further answer.—[1833, December, Order 18; 1841, August, Order 20.]

The Master in his report on such exceptions may certify by whom and in what proportions (if any) the costs of such exceptions and the reference thereon ought { to be borne (6).-[Ibid. Order 19.]

(a) If the defendant require further time than has been allowed by the Master, he must apply to the Court before the time fixed by the Master has expired, otherwise no Order will be made.- Wheat v. Graham, 5 Sim. 570.

(6) After a third answer has been reported insufficient, if the Master has not under this Order certified by whom and in what pro.

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