term, and shall set down his cause to be heard in the third term; and if the plaintiff shall make any default herein, then upon application by the defendant upon motion or petition without notice, the plaintiff's bill shall stand dismissed out of Court with costs. [Altered by Order 17 of 1831, p. 302, post.]

XVIII. That publication shall not be enlarged, except upon special application to the Court, supported by affidavit, and at the cost of the party applying, unless otherwise ordered by the Court. [Altered by Order 18 of 1831, p. 303, post.]

XIX. That whenever the time allowed for any of the following purposes, that is to say, for amending any bill, for filing, delivering, and referring exceptions to any answer, or for obtaining a Master's report upon any exceptions, would expire in the interval between the last seal after Trinity term and the first seal before Michaelmas term, or between the last seal after Michaelmas term and the first seal before Hilary term, such time shall extend to and include the day of the general seal then next ensuing. [Altered by Order 19 of 1831, p. 303, post.]

XX. That service on the clerk in court, of any subpoena to rejoin, or to answer an amended bill, or to hear judgment, shall be deemed good service.

XXI. That the order nisi for confirming a report may be obtained upon petition as well as by motion, and that service thereof upon the clerk in court of any party shall be deemed good service upon such party.

XXII. That every notice of motion, and every petition, notice of which is necessary, shall be served at least two clear days before the hearing of such motion or petition.

XXIII. That the order nisi for dissolving the common injunction may be obtained upon petition as well as by motion, and that every such order be served two

clear days at least before the day upon which cause is to be shown against dissolving the injunction.

XXIV. That when a defendant in contempt for want of answer, obtains upon filing his answer the common order to be discharged as to his contempt, on payment or tender of the costs thereof, the plaintiff shall not, by accepting such costs, be compelled, in the event of the answer being insufficient, to recommence the process of contempt against the defendant, but shall be at liberty to take up the process at the point to which he had before proceeded. [Altered by Order 24 of 1831, p. 303, post.]

XXV. That no witness to be examined before either of the examiners for any party in a cause, be in future produced at the seat of the clerk in court for the opposite party; but that a notice in writing containing the name and description of the witness be served there as heretofore.

XXVI. That the examiner who shall take the examination in chief of any witness shall be at liberty to take his cross-examination also.

XXVII. That where the same solicitor is employed for two or more defendants, and separate answers shall have been filed, or other proceedings had, by or for two or more defendants separately, the Master shall consider, in the taxation of such solicitor's bill of costs, either between party and party, or between solicitor and client, whether such separate answers or other proceedings were necessary or proper; and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed.

XXVIII. That where a plaintiff obtains a decree with costs, there the costs occasioned to the plaintiff by the insufficiency of the answer of any defendant shall be deemed to be part of the plaintiff's costs in the cause, such sum or sums being deducted therefrom

as were paid by the defendant, according to the course of the Court, upon the exceptions to the said answer being submitted to or allowed. [See 19th Order of 1833, p. 311, post.]

XXIX. That where the plaintiff is directed to pay to the defendant the costs of the suit, there the costs occasioned to a defendant by any amendment of the bill shall be deemed to be part of such defendant's costs in the cause (except as to any amendment which may have been made by special leave of the Court, or which shall appear to have been rendered necessary by the default of such defendant); but there shall be deducted from such costs any sum or sums which may have been paid by the plaintiff, according to the course of the Court, at the time of any amendment.

XXX. That when upon taxation a plaintiff who has obtained a decree with costs is not allowed the costs of any amendment of the bill, upon the ground of its having been unnecessarily made, the defendant's costs, occasioned by such amendment, shall be taxed, and the amount thereof deducted from the costs to be paid by the defendant to the plaintiff.

XXXI. That upon the allowance of any plea or demurrer, the plaintiff or plaintiffs shall pay to the defendant or defendants the taxed costs thereof; and when such plea or demurrer is to the whole bill, then the further taxed costs of the suit also; unless in the case of a plea the plaintiff or plaintiffs shall undertake to reply thereto, and then the costs shall be reserved, unless the Court shall think fit to make other order to the contrary.

XXXII. That upon the overruling of any plea or demurrer, the defendant or defendants shall pay to the plaintiff or plaintiffs the taxed costs occasioned thereby, unless the Court shall make other order to the contrary.

XXXIII. That when two counsel appear for the

same party or parties upon the hearing of any cause or matter, and it shall appear to the Master to have been necessary or proper for such party or parties to retain two counsel to appear, the costs occasioned thereby shall be allowed, although both of such counsel may have been selected from the outer bar.

XXXIV. That when a cause which stands for hearing is called on to be heard, but cannot be decided by reason of a want of parties, or other defect on the part of the plaintiff, and is therefore struck out of the paper, if the same cause is again set down, the defendant or defendants shall be allowed the taxed costs occasioned by the first setting down, although he or they do not obtain the costs of the suit.

XXXV. That where a cause being in the paper for hearing is ordered to be adjourned upon payment of the costs of the day, there the party to pay the same, whether before the Lord High Chancellor, the Master of the Rolls, or the Vice Chancellor, shall pay the sum of ten pounds, unless the Court shall make other order to the contrary.

XXXVI. That whenever upon the hearing of any cause or other matter it shall appear that the same cannot conveniently proceed, by reason of the solicitor for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court, and which according to its practice ought to have been delivered, such solicitor shall personally pay to all or any of the parties such costs as the Court shall think fit to award.

XXXVII. That the sworn clerks of the Court and the waiting clerks shall not be entitled to receive any fees for attendance in Court, except in cases where they shall actually attend, and where their attendance shall be necessary.

XXXVIII. That where any cause which is set down

to be heard, either in the Court of the Lord Chancellor, or in the Court of the Master of the Rolls, shall be afterwards set down to be heard in the other of the said two Courts, there the solicitor for the plaintiff shall certify the fact to the registrar of the Court where the cause was first set down, who shall cause an entry thereof to be made in his book of causes, opposite to the name of such cause; and the solicitor for the plaintiff shall be allowed a fee of six shillings and eightpence for so certifying the fact, if he shall certify the same within eight days after the said cause is so set down a second time.

XXXIX. That where any cause shall become abated, or shall be compromised after the same is set down to be heard in either of the said two Courts, the solicitor for the plaintiff shall also certify the fact, as the case may be, to the registrar of the Court where the cause is so set down, who shall in like manner cause an entry thereof to be made in his cause-book, and the solicitor for the plaintiff shall be allowed the same fee of six shillings and eight-pence for such certificate, if he shall certify the fact as soon as the same shall come to his knowledge.

XL. That the penal sum in the bond to be given as a security to answer costs by any plaintiff who is out of the jurisdiction of the Court, be increased from forty pounds to one hundred pounds.

XLI. That the deposit upon exceptions to a Master's report shall be increased to ten pounds, to be paid to the adverse party, if the exceptions are overruled; in which case the exceptant shall also pay the further taxed costs occasioned by such exceptions, unless the Court shall otherwise order; but in case the exceptant shall in part succeed, the deposit shall be dealt with, and costs shall be paid as the Court shall direct.

XLII. That the deposit upon every petition of appeal or rehearing be increased to twenty pounds, to be