St. Mary's beacon., 1861-01-24

On the 4th do do
On the 9Th de o. do
On she 9th do 81 do
On I'll. 9Th dn 3 do
Ou the 9Th 3" do do
On the 9th do q do
On the 10Th. do p a.
AMI three per crntum an NIL su,as above
three i''',lsansl dollars. bc~ides allowance ior
, all EXPENSES except personal. Ths ab,'ve may
DC iessene'i in cas-. of negligence, at the dis
crs'icn of the Curt. Whenever q Trustee
shall adver.i:e nitrtgageti premises for sale un-
| der an "r,ier or decree of this Court and the
! defendant shall pay the amount due before
| sale. the Trustee shali he allowed half crm-
mission on the anun, reported line. and the .aid
allowance shall accordingly be ordered to be
paid {" the defendant.
| Is. The allowance fa wi.!pw in lieu nf
her right, Of d"wer. il. land sold under de-
rrees. shall be rs follows, having due regard ~
her health and condition:
| II she be VI Ter - years Of age. net mere
! than 0ns-sevcnth.
! IL above 40, and Under As, net mere thar
two ffteeu'ls.
! II ao"vc Is, and Under 81, net more than
or--~igh'h.
| IL above 81. and under Sc. not mure than
oue-nintn.
| Ii above 56. hot less than nns-ierth.
| %. The allowance to a healthy tenant by
curteax, IN land sold under DEGREES, shall lie
~ follows:
II he he under 80 years II age, no, more
! than three Fights.
| II above 80. aud sndcr 20 years, not more
than hve-sixteenths.
, IL above 40. and under so ycars, no! n.ore
! than ,ree-six icesths.
| Ii above GO, lgt more than ons-m;nth
! q. On All answer being filed, it shall be
the duty OF the Clerk to make n c"py for the
| Opposite party. The m,lainant shall have
until the next term, after notice served on
! him "f the answer having been filed. to ex-
c'pt fh"rrt"; after which. iii'rthr complainant
shall be subject to the rule for ti.s future pro-
ceedings.
%. The complainant NAV set d.wn the
demurrer ar plea to be argued, or he may
| take issue on the plea. Ii n plea or tcnui-
| FER be overrn!cd, no rther plea or demurrer
shall DC received but the avirndai, shall pro-
eccd to answer the bilt AMI if he fail To- do so
within the time prescribed by the Court upon
overriding tie plea ur demurrer the bill, or
80 much thereof, as WAS covered hv the plea
| or demurrer. ulsy lie taken for olfcxse,i.
and the matter thereof be ,:ecised according
~.
20. II the defendants answer be excepted
to As insufficient, and the Defendant submit
to answer further, or the answer he adiudsed
Insufficient, the complainant NAV amend the
bill nv leave sfthe Court. without costs, and
the defendant shall answer the amended bill
and exceptions together.
! 30. Ii q defendant demur To a bill for aEy
defect not embracing the equity Of the whole
bail, the complainant may an,end with leave
Of the Court, at any time before at the
| argument OF the demurrer. upon payment
OF cs-.ts, at the discretion Of the Court,
81. The defendant may at any time be-
/ fore the bill IL tsken for confessed. or after
wards with leave OF the Court, dennur or
plead t" the whole Till or part Of it, ami
he may demur to part. plead to part, and
answer 10 she residue; but ia any case in
which the bill charges fraud "r fraudulen,
actings "r combination. II plea to such par,
ut hill or 10 such bill. must he accom-.
panied with answer terrifying the plea anil
explicit denying tho fraud and c".nbin.-
ton, and the fact Ola which tie charge il.
| founded
22. When q cross-Eill shall he fled. the
! defendant or defendants TO the first bill
shall auswer thereto, befure the defendant or
defendants to the cross-hil shall be compel.
ED To- answer such cross L,lI
| 80 Upon any blu fled aud before thu
defendant has answered, upon oath made
that any Of the plaintiffs or defendants wit
nesses are aged sr infrm. ar going ont Il
the State, or that ore If them is a single
witness to material fact, the Clerk mar
issue cnm,nissi.'n I" the commissioners ali
pointed ty the Court, for taking the exami-
! nation al such witness witnrss~s the ,.ar-
~ praying such commission giving such na.
tice as the commissioners shall dcxm reason
able, 20 tte adverse party, Of the time and
place Of taking the dcpvsitions.
"a. An answer sworn to on, Of the Stale
will be received, IL sworn ~ before q JUS.
'ice 81 the Peace, certified to be so hy a prs.-
thou",ary, or Clerk VI the Court mn,ler his
official seal. VI Ivy Notary Pubic, or he
fare Judge Of any Court, whose ofticia.
capacity shall be certified ly the Clerk Of
his Court under seal of Office, or before q
Mayor or Notary Public.
IS Under the act nf 1897, CHI. ia. SIC.
2, an affidavit Of q di>interestsd l,er..n will
DO required that the defendant appearing H.
heir a, law, before finzi decrse will he
made.
&c. An affidavit Of the non-resdence will
lie required i~frre any decree against a nci,-
re-ident n'a appearing will be l.assed.
81. Where commission and testimony
under it shall be returned at least swenty
days nature regular Eamty Term, the
cause shall he yet down for hearing at the
term nrxt succeeding such return. ifths
commission and testimony he returned in
term iifnr then the cause shall he ne, d,wn
for hearing vi the next regular Equity Term.
80. When n matter shall he referred to the
Auditor "f the Cs'urt, to examine and re-
p'at thereon. he shall assign day aud place
:herrfnr, and give Reasonable notice 1" the
partir. nr their solicitors; aud if either patty
sh;si' fal ia attend at the time s,ri place.
the Auditor may a.:ieurn the examination Of
the matter ia some future day, and naas;
gsye nosice il,ers"ft" the parties or their So
licitws, expressing therein. tiat in default
Of appearance of them, NJ any of them, at the
time ard place, the Auditor will prnreesi,
czpsrte--and accnr.lingly Upon such default,
lac shall proved (" examin. the matter aud
report d" the Court. in ,~drr tn such pro.
ce,dings IS tc the Court shall seem tight.
~