day of

purpose prepare a consent, which may be similar to the form supra, substituting the words "do stand enlarged until the next," and which consent must be signed by the solicitors of all parties, and afterwards filed with the Clerk of the Records and Writs. Pay him 7s. each consent.

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CHAPTER VI.

THE HEARING AND DECREE, ETC.

SECTION 1.

SETTING DOWN THE CAUSE.

When to be set down.] The plaintiff may set the cause down for hearing upon bill and answer, if a replication has not been filed; but if the plaintiff replies to the defendant's answer, he cannot set the cause down until publication has passed (Ellis v. King, 4th Madd. 126).

The plaintiff is bound to set his cause down for hearing in the term succeeding that in which the rules to produce witnesses and pass publication are given, and if the plaintiff make default therein, the defendant may move to dismiss the bill for want of prosecution (17th order, 1828).

A cause may be set down for hearing as well out of Term as in Term (82nd id.). It cannot, however, be set down in the same Term in which publication passes, unless by consent; but it may be set down in the vacation after such Term (Partridge v. Cann, 1st Sim. and S., 466, and see Lord v. Genslin, 5th Madd. 83). As the cause-book of a Term includes the sittings after such Term, it has been held that, under the foregoing order, a cause may be set down for hearing in the cause-book of the same Term in which publication has passed, provided it be not set down until after the last day of the Term (Turner v. Hitchon, 1 Kee. 814, and 2 My. and Cr. 710).

How set down.] In order to set the cause down, obtain a certificate from the Clerk of the Records and Writs in whose division the suit is (ante, p. 7), that the pleadings in the cause have been regularly filed,

and publication duly passed; or, if set down on bill and answer, that the bill and answer have been regularly filed. Pay him 4s. Take the certificate to the Secretary of the Lord Chancellor with whom it is filed, and he will thereupon give you an order to set the cause down, for which you pay £1. If the cause is to be heard before the Master of the Rolls, the certificate is taken to his secretary, who draws up the order. Having obtained the order, take it to the Registrar of the Court in which the cause is to be heard, who will enter it, and set the cause down for hearing. Pay him 1s. At the same time the Registrar will give you a note of the day on which the cause is fixed for hearing, for which you pay ls. A copy of the title of the cause and prayer of the bill, on brief paper, must afterwards be left with the Secretary of the Judge before whom the cause is to be heard.

By the defendant.] If the plaintiff neglects to set down the cause in the Term after publication has passed, the defendant after that Term is at liberty to set it down to be heard ad requisitionem defendentis (Beam. Ord. 319.) For this purpose he must procure the certificate, and set the cause down "at the request of the defendant,' and serve a subpoena to hear judgment in the usual way, as hereafter directed. In this case the defendant is only bound to serve the plaintiff, it being the plaintiff's duty to serve the other defendants (Smith v. Wells, 6 Madd. 193).

Consent and short causes. .] Consent causes are those in which the decree is made as of course, and consented to by the other side, the defendant submitting to attend without service of a subpoena to hear judgment. Short causes are those in which the decree is either as of course, or involves very little difficulty. These causes are set down like other causes, but are afterwards advanced to be heard out of their turn, upon a certificate

from counsel that the cause is fit to be heard as a short cause, and on consent by the other side for that purpose. The Court will not order a cause to be heard as a short cause, unless all the defendants consent (Ker v. Cusac, 7 Sim. 520); nor will it allow a cause to be heard as a short cause, unless it is such as may be heard upon a short statement to the Court, or such as requires the directions of the Court upon some short point (Raikes v. Ward, 5 Jur. 1008).

SECTION 2.

SUBPOENA TO HEAR JUDGMENT.

The cause having been set down for hearing, and the Registrar's note thereof obtained, the next step necessary to be taken is to issue a subpoena to hear judgment. Although the cause be set down on a peremptory undertaking, yet the subpoena to hear judgment is necessary (Dixon v. Shum, 18 Ves. 520). When a cause, however, has been set down and a subpoena served, and it becomes necessary to revive the suit, it is not necessary to serve a fresh subpœna (Bray v. Woodram, 6 Madd. 72).

Within what time.] The plaintiff is bound to serve the subpoena to hear judgment returnable in the term succeeding that in which the rules to produce witnesses and pass publication were entered; and in default thereof the defendant may move to dismiss the bill for want of prosecution (17th order, 1828).

Return of The day fixed in the Registrar's note for the hearing of the cause, is the return day to be inserted in the subpoena. Formerly the subpoena could only be returnable in term time, but by the 82nd order, 1828, it is ordered, that the subpoena ad audiendum

judicium may be returnable on any day as well out of term as in term.

How prepared and issued.] The form of the writ is prescribed by the orders of the 21st December, 1833. It is to be prepared by the solicitor of the party requiring it (id. 1), and must be indorsed with the name and address of such solicitor, and if as agent, then also with the name and address of the principal solicitor (id. 3). It may contain the names of three defendants (id. 5), and is to be sealed by the Clerk of the Subpoenas (id. 1); and, at the same time, a præcipe must be left with him (id. 3). In these respects the same observations will apply as in the case of a subpoena to appear (ante, p. 20).

Obtain a writ, which may be had at the law stationer's, and fill it in as in Form p. 19, Appendix, and on the back indorse the name and address of the solicitor and agent; after which prepare a præcipe on a slip of paper (see Form, p. 20, Appendix). Take the writ, præcipe, and also the Registrar's note, to the Clerk of the Subpoenas, and he will file the note and præcipe and seal the writ. Pay him 5s. 6d.

Service of] The subpoena must in a town cause be served ten days, or in a country cause fourteen days before the day appointed to hear judgment, to be reckoned exclusive of the day of service and of the day appointed for the hearing (Beam. Ord. 170).

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By the 20th order 1828, as amended by the 31st order, 26 October, 1842, it is ordered that service on the solicitor of any subpoena to hear judgment, shall be deemed good service. The service is to be effected by delivering a copy of the writ and of the indorsement thereon, and at the same time producing the original writ (4th ord. 21 Dec. 1833).

Make as many copies of the subpoena as there are defendants, and serve a copy upon the opposite solicitor for each defendant for whom he appears, at the same time