defendant's intention to leave the kingdom, in order to avoid process, is known, and there is an equitable demand against him of a pecuniary kind and of certain amount, the plaintiff is entitled immediately, upon bill filed and upon a proper affidavit of the facts, to apply to the court for a writ of ne exeat regno to restrain the. defendant's departure, until security for payment shall have been given (c). Upon the defendant's appearance, the plaintiff is entitled to have the defendant examined in answer to the bill, and for that purpose to file interrogatories (d); a copy of which is to be delivered to the defendant, who within due time must either put in his answer, or his demurrer or plea; and even if the plaintiff requires no answer, yet it is competent to the defendant, if he think fit, to put in any of these, of his own accord. If on the other hand, on an answer being required, he neither answers, pleads nor demurs, he is then said to be in contempt (e); and upon proper process in that behalf he may be committed to prison (ƒ), or, (if he is not to be found,) his lands and goods may be sequestrated, until he clears his contempt (g). The plaintiff also, in such case, is entitled either to proceed with the cause as if the (c) See Dan. Pr. by Headlam, p. 271. If the defendant be out of the jurisdiction of the court, at the time the suit is commenced, the court may order the bill to be served in such places as it thinks fit. (15 & 16 Vict. c. 86, s. 4; Consol. Gen. Ord. x., r. 7.) (d) Formerly the interrogatories were contained in the bill itself, and were inserted in every case. But now by 15 & 16 Vict. c. 86, s. 10, the bill shall contain no interrogatories for the examination of the defendant. As to their form and the rules of practice concerning them see Consol. Gen. Ord. xi. et sched. B. (e) See Consol. Gen. Ord. xii. as to the process by attachment on such contempt. (f) As to chancery prisoners in contempt, see 23 & 24 Vict. c. 149. (g) He is also in contempt, if after service he fails to appear; but in this case, as already stated, there is now a remedy, by entering an appearance for him, which has caused the process by attachment for contempt in such cases to be nearly disused; and by Consol. Gen. Ord. x., r. 10, an attachment for want of appearance cannot now issue without special order of the court. defendant had filed an answer traversing the case made by the bill (h); or else upon the execution of an attachment against the defendant for such contempt, to have an order that the bill be taken pro confesso (i). If the defendant, however, makes oath that, by reason of poverty, he is unable to employ a solicitor to put in his answer, and the allegation should appear to be true, a solicitor and counsel will be assigned him by the court for that purpose (j). But the defendant shall be supposed to pursue the regular course; and either to demur, to plead, or to answer. [A demurrer in equity is nearly of the same nature as a demurrer in law, being an appeal to the judgment of the court,] whether upon the face of the bill itself the defendant shall be bound to answer;-as, [for want of sufficient matter of equity therein contained;] or by reason of the bill seeking [a discovery of a thing which may cause a forfeiture of any kind, or may convict a man of any criminal misbehaviour.] And the effect of a demurrer is that, if allowed, the plaintiff's bill shall be dismissed; if overruled, the defendant is ordered to answer (k). A plea is founded upon some matter not apparent on the face of the bill; and [may be either to the jurisdiction; showing that the court has no cognizance of the cause; or to the person, showing some disability in the plaintiff,-as by outlawry and the like. Or it is in bar; showing some matter wherefore the plaintiff can demand no relief,-as an Act of Parliament, a release, or a formal decree (1). And the truth of any plea the defendant is bound to prove, if put upon it by the plaintiff. But as bills are often of a (h) The plaintiff's course in such a case is to file a traversing note to the above effect. (See Consol. Gen. Ord. xiii.) (i) Consol. Gen. Ord. xxii. A defendant against whom an order to take a bill pro confesso is made, is at liberty to appear at the hearing of the cause; and if he waives all ob jection to the order, but not otherwise, he may be heard to argue the case upon the merits, as stated in the bill. (Ibid. r. 7.) (j) See Consol. Ord. iii. (k) As to the practice on demurrers, see ibid. xiv. (1) As to pleas, see ibid. [complicated nature, and contain various matter, a man may plead as to part, demur as to part, and answer as to the residue. But no exceptions to formal minutiae in the pleadings, will be here allowed; for the parties are at liberty, on the discovery of any errors in form, to amend them (m). An answer is the most usual defence that is made to a plaintiff's bill.] It is the statement of the defendant himself as to those matters of fact to which the bill refers, or as to which interrogatories are filed; and by means of it, the plaintiff obtains a discovery, as it is called, of facts which it might be otherwise impossible to prove (n). This statement [is given in upon oath, or the honour of a peer or peeress (o); but where there are amicable defendants, their answer is usually taken without oath, by consent of the plaintiff (p).] [An answer must either deny or confess all the material parts of the bill.] And where it does not deny, [it may confess and avoid, that is, justify or palliate the facts;] or it may simply admit the case made by the bill, and submit (m) "En cest Court de Chauncerie, homme ne serra prejudice par son mispledying ou pur defaut de forme, mes solonque le veryte del mater, car il doit agarder solonque consciens, et nemi ex rigore juris."—(Dyversité des Courtes, edit. 1534, fol. 296, 297; Bro. Abr. tit. Jurisdiction, 50.) (n) As to the practice on answers, see Consol. Gen. Ord. xv. Until a recent period, the party to an action could not be compelled, in a court of common law, to give evidence ; and discovery was an incident, therefore, peculiar to a court of equity; and one that of course tended most materially to amplify its jurisdiction. But, by 14 & 15 Vict. c. 99, and 16 & 17 Vict. c. 83, either of the parties is now, in most cases, competent and compellable to be examined as a witness at the trial of the cause. And, by 17 & 18 Vict. c. 125, ss. 51-57, interrogatories may now be delivered, in actions in the common law courts, by either of the parties, to the opposite party, as to any matter on which discovery may be sought. (Vide sup. vol. 1. p. 633.) (0) See Consol. Gen. Ord. xv., r. 6. But if a peer be examined as a witness, he must be sworn. (Meers v. Lord Stourton, 1 P. W. 146.) In the case of a corporation aggregate, the answer must be under their common seal. (Consol. Gen. Ord. ubi sup.) (p) Answers must be printed and signed by counsel. See Consol. Gen. Ord. xv. sched. (C.), and Gen. Ord. 6th March, 1860. to the judgment of the court upon it. But the defendant may in his answer, besides addressing himself to the bill or interrogatories, introduce such statements material to the case, as he may think it advisable to set forth; and he is also at liberty, in support of his case, to file interrogatories for the examination of the plaintiff, in order to obtain from him a discovery of any material facts (q). Where, however, he has any relief to pray against the plaintiff, [he must do it by an original bill of his own, which is called a cross bill (r).] If the plaintiff considers the answer as insufficient, he may take and file exceptions thereto, (which, if allowed, will oblige the defendant to put in a more sufficient one). On the other hand, [if the plaintiff finds sufficient matter confessed in the answer to ground a decree upon, he may proceed to the hearing of the cause upon bill and answer only; but in that case, he must take the defendant's answer to be true in every point.] If, therefore, he finds that it would be unsafe to admit this, and that his case requires him to controvert the truth of some matter that the defendant has alleged; or to go into evidence in support of what he has himself alleged; he is at liberty to reply to the answer, to the effect that he "hereby joins issue with the defendant "(s). So a replication to the same effect may be filed by the plaintiff, in case he shall not have required an answer, and the defendant shall not have exercised his right of putting in an answer, plea, or demurrer, without requisition,-for the rule is, that the defendant in this case shall be considered as having traversed (or denied) the case made by the bill (t). Upon the filing of the replication, either under these circumstances, or after an answer made, the cause is deemed to be at issue (u) ; and the parties then proceed to proof of the facts. (q) 15 & 16 Vict. c. 86, s. 19. The plaintiff's answer to such interrogatories, must be printed. (Gen. Ord. 6th March, 1860.) (r) As to cross bills, see Consol. Gen. Ord. xix., r. 5. (s) Ibid. xviii., r. 2. (t) 15 & 16 Vict. c. 86, s. 26; Consol. Gen. Ord. xvii., r. 1. (u) Consol. Gen. Ord. xvii. The cause was formerly not at issue till However, it is competent to the plaintiff under any cumstances, instead of filing a replication, to take course, (after answer, or after the time for answer has pired,) of moving the court for such decree or decretal o as he may think himself entitled to; upon which bot and the defendant, will be at liberty to file affidavit either side and the cause will be disposed of in summary way, upon motion; or the court will give directions as to the further prosecution of the sui the circumstances may be found to require (x). But if, instead of this, a replication be filed, and cause be brought to issue, and the parties proced proof in the regular way;-the plaintiff (or any defen may apply to the judge in chambers for an order tha evidence in chief as to any particular facts or issues, be taken vivâ voce at the hearing of the cause, a case such application is granted, both the examinat chief, and also the cross-examination and re-examin as to the facts and issues specified in the order mad taken before the court at the hearing accordingly case, however, no such application or order sh made, and as to any facts or issues not included such order made,--each party in a cause is at lib verify his case, either wholly or partially, by th examination of witnesses ex parte before one of the ners of the court (y), or before a special examin pointed for the purpose. At such examination of party producing the witness, his counsel, solicitor o shall have a right to be present. And the ex takes down their depositions (z), which are aft transmitted by him to the Record Office of the c be filed; and any party to the suit is entitled to the service of a subpoena to rejoin; Court issued. (Ibid.) (x) 15 & 16 Vict. c. 86, s. 15 See Consol. Gen. Ord. xxiii., r. 4 (y) As to the examiners of |