The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-23 00:00:00

PROPOSITIONS.

1. That every Plaintilf.WheihCiin;tOWn nr country cause, shall
at all times be at liberty, without order, to sue forth a subparts to
answer, returnable on a day certain, either in Term time, or in Va.
cat'on_

2. That the form of every Writ of Subpoena, to appear and an.
slier, be so altered, as to express, to the party to be served, the
duty which is rtquireti from him in obedience to the writ, and the
consequence of his disobedience; and that, in like manner, the form
of all other 13'rits of Subpoena, which are to be served upon the
party. be altered for the same purpose.
S. That a Writ of Subpccna, to appear and answer, be sued out
for each defendant; and that the costs of all such writs be costs in
the cause.

4. That a defendant 01411 after appearance, be allowed, -without
order, eight weeks time, to plead, answer or demur to the plaintiff's
bill, in a town cause, and ten weeks in a country cause; but, whe-
ther in a town or country cause, If the:defendant do not plead, an-
swer or demur to the plaintiff's bill, within eight days after appear-
ance, the plentiffahall be entitled as of course, upon motion, to the
common injunction for stay of the defendant's proceedings at law ;
and that, whether in a town or country cause, the defendant shall
not be permitted to demur alone, after the expiration of fifteen days
from the day of appearance.
A. That, when a defendant is taken into the custody of the She-
tiff, upon an attachment, for not appearing to the plaintiff's bill,
and the Sheriff returns a Cepi corpus, notwithstanding which the
defendant rettnes or neglects to cause his appearance to be entered
for the space of fourteen days from and after the day the Attach.
mutt was returnable, the Court shall, upon production of the She-
riff's return to such attachment, and a eertificste from the plaintiff's
clerk in Court that the appearance has not been entered, upon
motion or petition of course, order one of the sworn clerks of
the Court to enter an appearance for such defendant to the bill, in
the same manner as is now the practice upon a defendant being
brought into Court, upon a habeas corpus, for the like purpose,
pursuant to statute fish Geo. 2.
6. That if a defendant be In contempt, for want of an answer,
and the writ of attachment be returned by the Sheriff non est in.
l'ePtille, the plaintiff shall be at liberty to pass by the intermediate
process of contempt, and to move, at once, for a Sergeant at Anne;
but no order for a Sergeant at Arms shall be made, unless the mo-
tion be supported by an affidavit of the solicitor of the plaintiff, or
of his town agent, if the writ of attachment was issued by such
town agent, that due diligence had been used for the purpose of
ascertaining where the defendant was to be found at the time of
issuing the writ t and that he verily believes that the defendant was
then to be found in the county, into which the writ did actually
issue ; and that he verily believed due diligence had been used,
for service of the process, by the officer employed for that
purpose.
7. That if the attachment be mitered ccpi aorpus. and the de-
fendant be in prison, in the custody of the Sheriff; it shall no longer
be necessary for the plaintiff to remove him by habeas, to the bar
of the Court t but the plaintiff may, upon the return of the attach-
ment, obtain an order of the Court, to be personally served upon
the defendant, that the bill shall be taken pro confess° against him,
unless he shall answer within three weeks from the time of see-
vice of that order ; and if the defendant do not put in his answer
accordingly, then, upon motion of course by the plaintiff, sup-
, ported by an affidavit of personal service of the former order, and a
certificate that no answer is filed, the order for taking the bill pro
con fiwo shall he made.
ti. That if the attachment be bailed by the Sheriff, and the de.
Pendant be, by the subsequent process, committed to the prison of
the Fleet for want of his answer, it shall not he necessary for the
plaintiff to proceed by the habeas, the alias habeas, the planes he.
kw, and the alias planks habeas, in order to take the bill pro con-
fess° ; but that the order for taking the bill pro con, Ssio shall be
made on the return of the second or alias habeas ; there being, in
all cases, fifteen days, at least, between the return of the first habeas
and the return of the second or alias habeas.
9. That in all cases, whether the defendant's answer be filed in
term time or vocation, the plaintiff shall be allowed two months to
file exceptions to such answer ; but if exceptions he not tiled within
the two months, the answer shall thenceforth be deemed sufficient,
and the plaintiff shall have no order to file exceptions, aunt pro
tune.

IU. That, if the defendant do not submit to answer the excep.
tions, the plaintiff shall refer the answer for insufficiency, at the
expiration of eight days after the exceptions are delivered, but not
before, unless in injunction causes; and that, if the plaintiff do
not, within six days after the expiration of the eight days. refer the
answer for insufficiency, the exceptions shall be considered u
abandoned by the plaintiff; and the answer shall thenceforth be
deemed sufficient.

11. That if the defendant submit to answer exceptions without a
reference, then the defendant shall, without o►de►, be allowed, in •
tovn cause, one month's time, and in a country cause, six weeks'
time, to answer the exceptions.
12. That if the plaintiff do not, within • fortnight after a defen.
dant'. second or third answer to exceptions is tiled, refer the seine
for insufficiency on the old exceptions, such sawn shall thence.
forth be deemed sufficient.

13. That, if the plaintiff do refer the defendant's second or third
answer to exceptions, for insutficieney, on the old exceptions, then
the particular exception, or exceptions, to which he requires a fur.
thcr answer, shall be stated it, the order.
14. That, if upon a second reference of exceptions, the defendant
shall submit to answer, without waiting for the report, the defen-
dant shall, without order, be allowed, unless he be already In con.
tempt, in a town cause, three weeks time to answer, and in a coun-
try cause five weeks time, and no more.
15. That, if the answer of she defendant be certified insufficient,
upon any reference of exceptions, then the Alaster shall, in his cer-
tificate, fix the time within which the defendant shall tile his fur.
ther answer; anti the ahater's judgment, In that respect, shall be
final.
16. That, upon s third answer certified to be insufficient, the
defendant shall be examined upon interrogatories, to the points re-
ported insufficient ; and shall stand committed, until such defen-
dant bath perfectly answered those interrogatories; and shall pay
not only 41. costs as heretofore, bat also such further costs as the
Court shall think fit to award.
17, That it shall not be necessary for the plaintiff, in the Cll9O of
exceptions to serve a subparts for the defendant to make a better
answer : and that the time allowed for the defendant to answer the
exceptions, shall run from the date of the Mame, report of isuntf.

THE BRITISH PRESS.

ficiency, which shall be doted on the day on which it is signed ; or
where the defendant submits in answer the exceptions, without a
report from ihe Master, there the time alkali run from the date of
the submission.

In. That in all eases of reference of answers for insufficiency.
the exception &hall be considered as abandoned, and the. answer
deemed sufficient, at the end of • fortnight after the time of re.
ference. unless the plaintiff' shall, within the fortnight, obtain the
31aster's report; or unless the Master shall think lit to make his
teport at a future time, certifying thereby that such farther time
was necessary.