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shall be unable to join therein; but no order to amend shall be made after answer and before replication, either without notice or upon affidavit in manner hereinbefore mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers if there be two or more defendants, is to be deemed sufficient. But this order shall not extend to amendments which are made only for the purpose of rectifying some clerical error, or error in names, dates, or sums; in which cases the order to amend may be obtained upon motion or petition, without notice.

XVI. That where the answer of a defendant is to be deemed sufficient, whether it be in term time or in vacation, if the plaintiff or plaintiffs shall not proceed in the cause, the defendant shall be at liberty, after the expiration of two months, to move, upon notice, that the bill be dismissed with costs, for want of prosecution; and the bill shall accordingly be dismissed with costs, unless the plaintiff or plaintiffs shall appear upon such motion, and give an undertaking to file a replication, and serve a subpoena to rejoin; and in case he requires a commission to examine witnesses, shall obtain and serve an order for such commission, within three weeks from the date of such undertaking: or unless the plaintiff or plaintiffs, without filing a replication, shall appear upon such motion, and give an undertaking to hear the cause as against the defendant making the motion upon bill and answer: or unless it shall appear that the plaintiff or plaintiffs, is or are unable to proceed in the cause, by reason of any other defendant or defendants not having sufficiently answered the bill, and that due diligence has been used to obtain a sufficient answer or answers, from such other defendant or defendants ;in which case the Court shall allow to the plaintiff or plaintiffs such further time for proceeding in the cause as shall appear to the Court to be reasonable. And in case the plaintiff or plaintiffs do appear upon the motion to dismiss, and give the undertaking to file a replica

tion, and take the other proceedings consequent thereon,. herein before required, then all the rules and regulations, with respect to the commission and the return thereof, and the setting down the cause for hearing, and the rights of the defendant with respect to the commission, in case of any default on the part of the plaintiff, which are particularly expressed in the next Order, shall apply to all cases under this Order.

XVII. That where the plaintiff files a replication, without having been served with a notice of motion to dismiss the bill for want of prosecution, he shall serve the subpoena to rejoin; and in case he requires a commission to examine witnesses, shall obtain and serve an order for such commission, within three weeks from the filing of the replication; and such commission shall, at the latest, be returnable on the first return of the second term then next following: and the plaintiff shall give his rules to produce witnesses, and pass publication at the latest in the same term, and shall set down his cause for hearing, and duly serve the subpoena to hear judgment returnable in the succeeding term; and if the plaintiff shall make default herein, then upon application by the defendant, upon notice of motion, the plaintiff's bill shall stand dismissed out of Court with costs, unless the Court shall make special order to the contrary. And in case the plaintiff serves a subpoena to rejoin, within three weeks after filing the replication, but does not attend and serve an order for a commission to examine witnesses within that time, then the defendant shall be at liberty, without notice, to obtain an order for a commission to examine witnesses, returnable at the like period as the plaintiff is entitled to, pursuant to this order, and shall have the carriage of such commission. And if the plaintiff obtains an order for and sues out a commission, and neglects to execute and return the same, at or within the time stated in this order, the defendant shall be entitled to an order as before stated, for a commission returnable on the last return of the term following that which is allowed

to the plaintiff by this order for the return of his commission. And when any commission issues pursuant to this order, or the last foregoing order, the parties shall have liberty to execute the same in term time, and publication shall stand enlarged until the commission shall be returnable; and the plaintiff shall be at liberty to set down the cause, in the mean time, without the necessity of inserting such directions in the order for the commission.

XVIII. That publication shall not be enlarged, except upon special application to the Court, made upon notice supported by affidavit, and at the cost of the party applying, unless otherwise ordered by the Court.

XIX. That the time which occurs between the last seal after Trinity Term and the first seal before Michaelmas Term, and between the last seal after Michaelmas Term and the first seal before Hilary Term, shall not be reckoned in the computation of time which is allowed to a party for amending any bill, for filing, delivering, or referring exceptions to any answer, or for obtaining a Master's report upon any exceptions.

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, or the plaintiff' accepts the costs, without order, he shall not by such acceptance 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.

LXXVI. That where a Master is directed to settle a conveyance, or to tax costs in case the parties differ about the same, then the party claiming the costs, or entitled to prepare the conveyance, shall bring the bill of costs, or the draft of the conveyance, into the Master's office, and give notice of his having so done to the other party; and at any time within eight days

after such notice, such other party shall have liberty to inspect the same without fee, and may take a copy thereof if he thinks fit. And at or before the expiration of the eight days, or such further time as the Master shall in his discretion allow, he shall then either agree to pay the costs or adopt the conveyance, as the case may be, or signify his dissent therefrom, and shall thereupon be at liberty to tender a sum of money for the costs, or to deliver a statement in writing, of the alterations which he proposes in the draft of the conveyance. But if he make no such tender, nor deliver any such statement in writing, or if the other party refuses to accept the sum so tendered, or to adopt the proposed alterations in the draft of the conveyance, the Master shall then proceed to tax the costs, or settle the conveyance according to the practice of the Court. And in case the taxed costs shall not exceed the sum tendered, or the Master shall adopt the proposed alterations in the draft of the conveyances, then the costs of the taxation, or the costs of the proceeding with respect to the conveyance, shall be borne by the other party.

LXXXII. And whereas the present practice, that causes can only be entered for hearing during the time of term, and that the subpoena ad audiendum judicium can only be then returnable, is productive of great delay and inconvenience: it is hereby further ordered, by the said Lord High Chancellor, with the advice and assistance aforesaid, that from henceforth causes may be set down for hearing, and the subpoenas ad audiendum judicium served and returnable on any day as well out of term as in term, and this order is to be called the 82nd Order.

And it is hereby further ordered, that the aforesaid 82nd Order shall take effect immediately, and the aforesaid amended orders shall take effect on the first day of Hilary Term next.

BROUGHAM, C.

JOHN LEACH, M.R.

LANCELOT SHADWELL, V.C.

305

GENERAL ORDERS

OF

THE COURT OF CHANCERY,
21st DECEMBER, 1833.

WHEREAS it is expedient that certain further orders for regulating the practice of the Court of Chancery be added to those which were published on the 26th day of November last, and that thereupon certain alterations be made in the said orders; and it is also expedient that the whole of the said new orders should be embodied together under the act of the 3rd and 4th of William the Fourth, intituled "An Act for the Regulation of the Proceedings and Practice of certain Offices of the High Court of Chancery in England;"

IT IS HEREBY DECLARED AND DIRECTED, by the Lord High Chancellor, by and with the concurrence of the Master of the Rolls, and of the Vice Chancellor, that from and after the 10th day of January next, the several orders which hereafter follow shall be considered as a substitution for the said orders of the 26th day of November last.

I. That all writs of subpoena in this Court shall be prepared by the solicitor of the party requiring the same, and that the seal for sealing the same shall be marked or inscribed with the words, "Subpoena Office, Chancery;" and such writs shall be in the forms mentioned at the foot of these orders, or as near as may be with such alterations and variations as circumstances may require.

II. That a præcipe in the usual form, containing further the particulars hereinafter mentioned, (as to the names and residences of the solicitors issuing the

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