The Sun.
London, England, 1841-09-06 00:00:00

and that a copy of such note shall be served on each de-
fendant in the same manner as a subpcena 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 subpcena 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.
22. That a plaintiff shall not be at liberty to 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 subpcena 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 bi.l, 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 subpcena 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, er 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 when such
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 IN as 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 have it so prosecuted, and in
that case he shall enter an appearance in the common
form, and the suit shall then be prosecuted against 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 a party 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-
ance 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 having 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 all 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 re,present 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 shall
not be necessary to make the heir-at-law a party, but
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 tile 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 good 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
• amment, and the plaintiff shall be held to have submit-
ted thereto.
36. .1 bat 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 lie might have protected
himself by demurrer, and that lie shall be at liberty so to
decline, nothwithstanding he shall answer other parts of
the bill from which he might have protected himself by
demurrer.
39. That where the defendant shall by his answer
suggest that the bill is defective for want of parties the
plaintiff shall be at liberty, within fourteen days after
answer filed, to set down the cause for argument upon
that objection only, and the purpose for which the same
is so set down shall be notified by an entry to be made
in the registrar's book in the form, or to the effect, fol-
lowing, that is to say, " Set down upon the defendant's
objection for want of parties," and that where the plain-
tiff shall not so set down his cause, but shall proceed
therewith to a hearing notwithstanding an objection for
want of parties taken by the answer, he shall not at the
hearing of the cause, if the defendant's objection shall then
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, shall 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
under the same restrictions as the answer to a bill pray-
ing relief may now be read and used.
43. That in cases in which any exhibit may by the
present practice of the Court be proved viva voce at the
hearing of a cause, the same may he proved by the affi-
davit of the witnesses, who 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 dcree shall have the same force and
effect as if the 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 account 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
[indisposed 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 same before
the Master under a decree or order in a suit, shall be
entitled to interest upon his debt at the rate of 41. 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 Master under a decree or order in
a suit shall be entitled to the costs of so establishing