effect that the defendant leaves the plaintiff to make such proofs of the several matters in the bill alleged, as he shall be able or be advised, and submits his interests to the Court."

And by rule 12, it is enacted, "That in any case where, upon the application of the plaintiff, the Court, shall be satisfied that justice cannot be done to the plaintiff without an answer to the bill or to the interrogatories from the defendant himself; it shall be lawful for the Court to order the defendant to remain in custody until answer or further order, but without prejudice to the plaintiff's availing himself of any of the provisions of this Act."

A bill, after amendment, may be taken pro confesso, in the same manner as if it had not been amended (1 Will. IV., c. 36, rule 10), and in such case it is not taken as to the amendments only, but as to the whole bill (Jopling v. Stuart, 4 Ves. 419). If a defendant puts in an insufficient answer, the bill may be taken pro confesso notwithstanding such answer (ibid.).

SECTION 3.

TRAVERSING NOTE.

By the 21st order, 26 Aug. 1841, it is ordered, “That after the expiration of the time allowed to a defendant to plead, answer, or demur (not demurring alone), to an original bill, if the defendant shall have filed no plea, answer, or demurrer, the plaintiff shall be at liberty to file a note at the Six Clerks' Office to the following effect :— "The plaintiff intends to proceed with his cause as if the defendant had filed an answer, traversing the case made by the bill, and the plaintiff had replied to such answer, and served a subpoena to rejoin." And that a copy of such note shall be served on such defendant 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 defendant had filed an answer, traversing the whole of the bill, and the plaintiff had filed a replication to such answer, and served a subpœna to rejoin. And after such note shall have been so filed, and a copy served as aforesaid, the defendant shall not be at liberty to plead, answer, or demur to the bill, without the special leave of the Court."

The 22nd of the same orders provides, "That a plaintiff shall not be at liberty to file a note under the twentyfirst order, until he has obtained an order of the Court for that purpose, which order shall be applied for upon motion, without notice, and shall not be made unless the Court shall be satisfied that the defendant has been served with a subpoena to appear and answer the bill; and that the time allowed to the defendant to plead, answer, or demur, not demurring alone, has expired."

By the 5th order, 11 April 1842, however, the 22nd order is suspended until the further order of the Court. The effect of this appears to be, that the application to, and order of the Court, for leave to enter the note, is rendered unnecessary; the Clerk of the Records and Writs being authorised to enter it, upon satisfying himself that an appearance has been entered, that the defendant's time to answer has expired, and that no plea, answer, or demurrer has been filed. Previous to this order, also, it was necessary to shew by affidavit that an appearance had been entered (Treweek v. Turner, 1 You. & Col. N. C. 112), and a certificate must have been obtained from the Clerk of the Records and Writs of the date of filing the appearance, and that no plea, answer, or demurrer had been filed. In future, however, these will be rendered unnecessary.

How filed.] The note cannot be filed until eight weeks after appearance. Prepare a note, which should be engrossed on parchment (see Form p. 50, Appendix), and take it to the Clerk of the Records and Writs in whose division the suit is (ante p. 7), and upon satis

fying himself that an appearance has been entered, that the defendant's time to answer has expired, and that no plea, answer, or demurrer has been filed, he will file the note. Pay him 78.

Service of] A copy of the note should on the same day be served upon the defendant's solicitor, after which a memorandum thereof should be made, as an affidavit of service will have to be produced at the hearing of the

cause.

Before filing this note, it will be advisable to consult counsel as to the propriety of so doing, and to ascertain whether a decree can be obtained without the defendant's answer, and also whether the necessary evidence can be procured, for after the note is filed, the Court, it would appear, will not allow it to be withdrawn.

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CHAPTER III.

THE DEFENCE.

SECTION 1.

APPEARANCE.

THE first step to be taken by the defendant after he has been served with a subpoena, is to cause an appearance to be entered to the suit.

Time to Appear.] If the defendant resides or is served in London or within 20 miles thereof, he has four days, and in all other cases eight days after service of the subpoena, to enter his appearance, exclusive of the day of service.

How prepared and entered.] Formerly the appearance was entered by the Clerk in Court, upon your instructing him to that effect. It is in future, however, to be entered by the Clerk of the Records and Writs (3rd order, 26 Oct. 1842.) For this purpose prepare a præcipe on a slip of paper, (see Form p. 49, Appendix), and take it to the Clerk of the Records and Writs in whose division the suit is (ante p. 7), and he will thereupon enter the appearance. Pay him, if not exceeding three defendants, 7s.; and if more than three and not exceeding six, 14s.; and so on in proportion. The præcipe must be indorsed with the name and address of the solicitor filing it, and if as agent, then also with the name and address of the principal solicitor (17th id.), as previously directed with respect to a bill (ante p. 6).

Notice of.] On the same day that the appearance is entered, a notice thereof (see Form p. 58, Appendix) must be served upon the plaintiff's solicitor, or upon the plaintiff himself if acting in person (23rd id.). This notice must be served before eight o'clock in the evening (22nd id.).

Special Appearance.]

Where a defendant is served

with a copy of the bill, under the 23rd order, 26 Aug. 1841 (ante p. 8), and desires to be served with notice of the proceedings in the cause, but not otherwise to have the same prosecuted against him, it is provided by the 27th id., that 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 the proceedings therein." And thereupon the defendant is entitled to be served with a notice of all proceedings in the cause, and to appear therein; but the costs occasioned thereby are to be paid by the defendant unless otherwise ordered.

By the 28th id. it is ordered, that a party shall not be at liberty to enter such special appearance after the time limited by the practice of the Court for appearing to a bill in the ordinary course, without first obtaining an order of 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 appearance being so entered.

Fresh Appearance.] When the plaintiff amends his bill before answer filed, the defendant need not enter a fresh appearance to such amended bill. When amended after answer filed, the defendant has the same time after service of the subpoena, to appear to the amended bill, that is allowed to appear to an original bill.

At the time of entering the appearance, it is usual to bespeak an office copy of the bill, which the Clerk of the Records and Writs will accordingly prepare, upon your giving him a note to that effect. The charge for this is 10d. per folio, of 90 words.

SECTION 2.

ANSWER.

The defence to a suit in equity may be either by an