The Sun.
London, England, 1841-09-07 00:00:00

arld that a copy of such note shall be served on each de•
fendant in the same manner as a subpoena to rejoin is
now served ; and such note when filed (a copy thereof
being so served), shall have the same effect as if the de-
fendant had filed an answer traversing the whole of the
bill, and the plaintiff had filed a replication to such an-
swer, and served a subpoena to rejoin ; and after such
note shall have been so filed, and a copy served as afore-
said, the defendant shall not be at liberty to plead, an-
swer, or demur to the bill without the special leave of
the Court. V:r.Rl
22. That a plaintiff shall not be at liberty Co. file a
note under the 21st order until he has obtained an order
of the Court for that purpose, which order shall be ap-
plied for upon motion without notice, and shall not be
made unless the Court shall be satisfied that the de-
fendant has been served with a subpoena to appear and
answer the bill, and that the time allowed to the de-
fendant to plead, answer, or demur (not demurring
alone) has expired.
23. That where no account, payment, conveyance, or
other direct relief is sought against a party to a suit, it
shall not be necessary for the plaintiff to require such
party, not being an infant, to appear to and answer
the bill, but the plaintiff shall be at liberty to serve
such party, not being an infant, with a copy of
the bill, whether the same be an original or
amended or supplemental bill, omitting the interrogating
part thereof ; and such bill, as against such party, shall
not pray a subpoena to appear and answer, but shall pray
that such party, upon being served with a copy of the
bill, may be bound by all the proceedings in the cause ;
but this order is not to prevent the plaintiff from requir-
ing a party against whom no account, payment, convey-
ance, or other direct relief is sought to appear to and
answer the bill, or from prosecuting the suit against
such party in the ordinary wry, if he shall think fit.
24. That where a plaintiff shall serve a defendant with
a copy of the bill under the 23d order he shall cause a
memorandum of such service, and of the time whensuch
service was made, to be entered in the Six Clerks'-office,
first obtaining an order of the Court for leave to make
such entry, which order shall be obtained upon motion,
without notice, upon the Court being satisfied of a copy
of the bill having been so served, and of the time when

the service was made.

25. That where a defendant shall have been served
with a copy of the bill under the 23d order, and a me-
morandum of such service shall have been duly entered,
. _

and such defendant shall not, within the time limited

by the practice of the Court for that purpose, enter an
appearance in common form, or a special appearance
under the 27th order, the plaintiff shall be at liberty to
proceed in the cause as if the party served with a copy
of the bill were not a party thereto, and the party so
served shall be bound by all the proceedings in the
cause in the same manner as if he had appeared to and
answered the bill. _

26. That where a party shall be served with a copy
of the bill under the 23d order such party, if he desires
the suit to be prosecuted against himself in the ordinary
way, shall be entitled to aye it so prosecuted, and in
that case he shall enter an appearance in the common
form, and the suit shall then be prosecuted agt, tinst him
in the ordinary way; but the costs occasioned thereby
shall be paid by the party so appearing, unless the
Court shall otherwise direct.
23. That where a party shall be served with a copy of
the bill under the 23d order, and shall desire to be served
with a notice of the proceedings in the cause (but not
otherwise to have the same prosecuted against himself),
he shall be at liberty to enter a special appearance under
the following form ; (that is to say), " A.B. appears to
the bill for the purpose of being served with notice of
all proceedings therein ;" and thereupon the party enter-
ing such appearance shall be entitled to be served with
with notice of all proceedings in the cause, and to appear
thereon, but the costs occasioned thereby shall be paid
by the party entering such appearance, unless the Court
shall otherwise direct.

28. That ayparty shall not be at liberty to enter such
special appearance under the twenty-seventh order after
the time limited by the practice of the Court for appear-
ing to a bill in the ordinary course, without first obtain-
ing an order of the Court for that purpose, such order
to be obtained on notice to the plaintiff ; and the party
so entering such special appearance shall be bound by all
the proceedings in the cause prior to such special appear-

mice being so entered.
29. That where no account, payment, conveyance, or
other relief is sought against a party, but the plaintiff
shall require such party to appear to and answer the
bill, the costs occasioned by the plaintiff havinc, re-
quired such party so to appear and answer the bill, and
the costs of all proceedings consequential thereon, shall
be paid by the plaintiff, unless the Court shall otherwise
direct. . .

30. That in an suits concerning real estate which is
vested in trustees by devise, and such trustees are compe-
tent to sell and give discharges for the proceeds of the
sale and for the rents and profits of the estate, such trus-
tees shall represent the persons beneficially interested
in the estate, or the proceeds of the rents and profits, in
the same manner and to the same extent as the execu-
tors or administrators in suits concerning personal es-
tate represent the persons beneficially interested in such
personal estate ; and in such cases it shall not be neces-
sary to make the persons beneficially interested in such
real estate or rents and profits parties to the suit, but
the Court may, upon the consideration of the matter on
the hearing, if it shall so think fit, order such person to
be made parties.

31. That in suits to execute the trusts of a will it shal
not be necessary to make the heir-at-law a party, be
the plaintiff shall be at liberty to make the heir -at-law a
party where he desires to have the will established
against him.
32 That in all cases in which the plaintiff has a joint
and several demand against several persons, either as
principals or sureties, it shall not be necessary to bring
before the Court, as parties to a suit concerning such
demand, all the persons liable thereto ; but the plaintiff
may proceed against one or more of the persons severally
liable.
33. That when a demurrer or plea to the whole bill
shall be overruled, the plaintiff, if he does not require
an answer, shall be at liberty Immediately to file his note
in manner directed by the 21st order, and with the same
effect, unless the Court shall, upon overruling such de-
murrer or plea, give time to the defendant to plead,
answer, or demur ; and in such case if the defendant
shall file no
plea, answer, or demurrer within the time
so allowed by the Court, the plaintiff, if he does not re-
quire an answer, shall, on the expiration of such time, be
at liberty to file such note.
34. That where the defendant shall file a demurrer to
the whole bill the demurrer shall be held sufficient, and
the plaintiff be held to have submitted thereto, unless
the plaintiff shall, within twelve days from the expiration
of the time allowed for the defendant for filing such de-
murrer, cause the same to be set down for argument ;
and where the demurrer is to part of the bill the de-
murrer shall be held sufficient, and the plaintiff be held
to have submitted thereto, unless the plaintiff shall,
within three weeks from the expiration of the time allowed
for filing such last-mentioned demurrer, cause the same
to be set down for argument.
35. That where the defendant shall file a plea to the
whole or part of a bill, the plea shall be held rod to
the same extent and for the same purposes as a plea
allowed upon argument, unless the plaintiff shall, within
three weeks from the expiration of the time allowed for
filing such plea. shall cause the same to be set down for
argument, and the plaintiff shall be held to have submit-
ted thereto.
36. That no demurrer or plea shall be held bad and
overruled upon argument, only because such demurrer or
plea shall not cover so much of the Bill as it might by
law have extended to.
37. That no demurrer or plea shall be held bad and
overruled upon argument, only because the answer of the
defendant may extend to some part of the same matter as
may be covered by such demurrer or plea.
38. That a defendant shall be at liberty by answer to
decline answering any interrogatory or part of an inter-
rogatory from answering which he might have protected
himself by demurrer, and that he shall, be at liberty so to
decline, nothwithstanding he shall answer other parts ot
the bill from which he might have protected hitraelf by
demurrer.
39. Ttl,
where tee
:Leiendant shall by ms answer
SIV"—
that the bill is defeetire for tient of parties the
plaintiff shall be at liberty, within fourteen days after
answerilled, td set down the cause for argument upon
that übjeetiett only, and the purpose for which the same
is so set down shall be notified by WI to be made
i.n the registrar's MA in the form, or td the efred,
idadtiels that le td ittY; is l O&M upon the defendant's
tdi)ettion for want of parties," arid Him vilielse the plain-
till' shall not so set down his cause, but shall ilfuett4
therewith to a hearing notwithstanding an abjection for
want of parties taken by the answer, he shall not at the
hearing of the cause, if the defendant's objection shall thee
be allowed, be entitled as of course to an order for liberty
to amend his bill by adding parties, but the Court, if it
thinks fit, shill be at liberty to dismiss the bill.
40. That if a defendant shall at the hearing of a
cause object that a suit is defective for want of parties,
not having by plea or answer taken the objection, and
therein specified by name or description the parties to
whom the objection applies, the Court (if it
shall think
fit) shall be at liberty to make a decree saving the rights
of the absent parties.
41. That where a defendant in equity files a cross-
bill against the plaintiff in equity for discovery only, the
costs of such bill, and of the answer thereto, shall be in
the discretion of the Court, at the hearing of the original
cause.
42. That were a defendant in equity files a cross bill
for discovery only against the plaintiff in equity, the
answer to such cross bill may be read and used by the
party filing such cross bill, in the same manner and
incaues3e7thille sllahmlcelimaaYn
ipnrgeserneltiepfmnatty:oowt
thhee
under the same restrictions as the answer to a bill pray-
he4Bl.3l.ngThoafta
affi-
davit "Cao:4l:tliclbeitperdo.ved viva voce at the
davit of the witnesses,who
ybeexphroibvietdmbyaythbey
would be competent to prove
the same viva voce at the hearing.
44. That where a defendant makes default at the hear-
ing of a cause the decree shall be absolute in the first
instance, without giving the defendant a day to show
cause, and such decree shall have the same force and
effect as lithe same had been a decree nisi in the first
instance, and afterwards made absolute in default of
cause shown by the defendant,
45. That every decree for an aocount of the personal
estate of a testator or intestate shall contain a direction
to the Master to inquire
and state to the Court what
parts (if any) of such personal estate are outstanding or
undisposed of, unless the Court shall otherwise direct.
46. That a creditor whose debt does not carry inte-
rest, who shall
-- come in and establish the tame before
the Master under a decree or order in a suit, shall be
entitled to interest upon his debt at the rate of 4/ per
cent, from the date of the decree, out of any assets which
may remain after satisfying the costs, of the suit, the
debts established, and, the interest of such debts as by
law
carry interest.
47. That a creditor who has come in and established
his debt before the faster under a decree