permits the plaintiff to amend his bill, upon payment of costs. When a plea to part of the bill is allowed, it generally imposes upon the plaintiff the necessity of amending his bill. When the plea is overruled, the defendant should immediately apply for time to put in

an answer.

Submitting to.] If the plaintiff considers the plea good, he may at any time before it is set down, submit to the same, and obtain an order as of course to amend his bill, upon payment of 20s. costs. After the plea has been set down, however, the order is made upon payment of taxed costs.

An infant cannot plead until a guardian has been appointed. If a married woman wishes to plead separately from her husband, an order must be obtained for that purpose.

SECTION 5.

DISCLAIMER.

When the defendant disclaims all right, title, or interest, to the matter in question in the bill, he puts in a disclaimer. A disclaimer is in practice usually accompanied

by an answer (Mitf. pl. 253).

The disclaimer is usually drawn by counsel, after which it is engrossed and filed in a similar manner to an answer. The solicitor's name and address must be indorsed on the back as previously directed with respect to a bill (ante, p. 6), and a notice of filing must on the same day be served on the opposite party, as in the case of an answer (ante, p. 62). It must be signed by the defendant, and when accompanied by an answer, must be put in on oath.

it

In the case of a general disclaimer by the defendant, the bill is usually dismissed as against him with costs (Newl. 140).

E

74

CHAPTER IV.

PLAINTIFF'S PROCEEDINGS After Answer.

SECTION 1.

EXCEPTIONS TO ANSWER.

As soon as the answer is filed, the plaintiff's solicitor should bespeak an office copy of it, for which you pay 10d. per folio; after which it is usual to lay a brief thereof, as also of the bill (including the interrogatory part), before counsel to advise as to its sufficiency. If it is considered insufficient, the plaintiff is at liberty to take exceptions thereto, and to have it referred to the

master.

Previous to the orders of the 26th Aug. 1841, the plaintiff was entitled to have an answer to every statement and charge in the bill whether interrogated to or not. By the 16th and 17th of these orders, the defendant, as we have already seen, need only answer such interrogatories, as he is specially required to answer by the note at the foot of the bill. The plaintiff, however, is entitled to have each interrogatory answered distinctly, and in the precise words of the interrogatory; it is not sufficient to answer it in substance (Wharton v. Wharton, 1 S. & S. 236).

Time to except.] The plaintiff is allowed two (lunar) months to file his exceptions to an answer, but if not filed within that time, the answer is to be deemed sufficient (4th order, 1828). The time, however, which occurs between the last seal after Trinity Term and the first seal before Michaelmas Term, and between the last seal after Michaelmas Term and the first seal before Hilary Term, is not to be reckoned in the computation of time allowed a party for filing, delivering, or referring exceptions to an answer, or for obtaining the master's report thereon (19th id.) The plaintiff is entitled to the

same time to take exceptions to an answer to an amended bill, as to the answer to an original bill, although such answer is also a further answer to the original bill (Lloyd v. Clark, 7 Jur. 568.)

How prepared and filed, &c.] The exceptions are invariably drawn, and must also be signed by counsel, for which purpose he is furnished with a brief of the bill (including the interrogatory part) and answer as instructions. The exceptions are to be filed with the Clerk of the Records and Writs in whose division the suit may be (5th order, 26 Oct. 1842), and the name and address of the party filing them must be indorsed thereon (17th id.) as previously directed with respect to a bill (ante p. 6.) On the day of filing the exceptions, a notice thereof must be served on the opposite party (24 id.), which notice must be served before eight o'clock (22nd id.).

The exceptions being prepared, make a fair copy thereof on foolscap paper bookways, and on the back indorse the name and address of the solicitor and agent. Take the exceptions to the Clerk of the Records and Writs in whose division the suit is (ante p. 7), by whom they will be filed; after which prepare a notice (see Form p. 59, Appendix), and serve a copy thereof on the opposite party before eight o'clock.

Submitting to answer.] The defendant has 8 days, after the exceptions are filed, either to submit to answer them, or to take the opinion of the Master upon the sufficiency of his answer. If he submits, it is on payment of 20s. costs to the plaintiff, and he is allowed, as of course and without order (if not in contempt), 4 weeks, whether in a town or country cause, to put in a further answer (18th ord. 1833, as amended by 20th ord. 26 Aug. 1841).

Order to refer answer.] If the defendant does not submit to answer the exceptions, the plaintiff may, at the expiration of 8 days after the exceptions are filed, but

not before, unless in injunction causes, refer the answer for insufficiency, which must be done within the next six days, otherwise the exceptions will be considered as abandoned, and the answer be deemed sufficient (5th ord. 1828). The order for this purpose must not only be obtained, but must also be served within such 6 days (Pearce v. Hodgson, 7 Sim. 347). Where several answers are excepted to, there must be separate orders of reference (Allanson v. Moorsom, 2 Sim. and S. 478).

The order is obtained either upon motion or petition, as of course, and is drawn up, passed, and entered in the usual way (see poste 66 Motions,' 66 Petitions"), after which it is taken to the Public office to get the Master's name marked to whom it is to be referred. A copy of the order is then served upon the opposite party, and a copy of the bill, answer, and exceptions, on brief paper, together with the order, are left at the Master's office to whom it is referred; after which warrants" on leaving," and "to proceed," are taken out and served in the usual way (see poste rants"). These warrants may be underwritten, leaving exceptions to the answer of the defendant A.B. for insufficiency," and "To proceed on exceptions, &c."

"War

" On

How argued.] At the return of the warrant to proceed, the exceptions are argued before the Master, usually by counsel, in which case it should be so stated in the warrant. For this purpose counsel must be furnished with a brief of the bill, answer, and exceptions, together with any observations that may be thought necessary. The fee varies according to circumstances, but generally two guineas for the first attendance, and one guinea for each subsequent attendance, is considered sufficient. If the defendant's counsel or solicitor neglect to attend the Master upon the warrant, the answer will be reported insufficient, and if the plaintiff neglect to attend, it will be reported sufficient.

Master's report thereon.] The exceptions being argued, the Master thereupon makes his report. The report must be obtained within a fortnight from the date of the order of reference, unless the Master certifies that further time is necessary, and then within such further time, otherwise the order will be considered as abandoned, and the answer be deemed sufficient (12th ord. 1828). The report does not require to be confirmed, but is filed in the Report office, and an office copy obtained. If either party is dissatisfied with the report, he may take exceptions thereto, as to which see poste, part 3, "Report."

If the Master reports the answer sufficient, it is so deemed from the date of the report, and if the defendant submits to answer without a report, the answer is deemed insufficient from the date of the submission (9th id.).

If the Master finds the answer insufficient, he fixes the time within which the defendant is to put in a further answer, such time to run from the date of the report, and in such case it is not necessary to serve a fresh subpoena, but if the defendant neglects to put in a further answer within such time, he will be in contempt, and may be dealt with accordingly (8th id.).

If the defendant's first answer to exceptions be insufficient, the plaintiff may have a second and third reference for insufficiency. In such case, however, the plaintiff must, within three weeks after the defendant's second or third answer is filed, refer the same for insufficiency on the old exceptions, otherwise such answer will be deemed sufficient (6th id.). If the plaintiff refers the defendant's second or third answer for insufficiency on the old exceptions, then the particular exception or exceptions to which he requires a further answer, must be stated in the order (7th id.). Upon a third answer being reported insufficient, the defendant is to be examined upon interrogatories to the points reported insufficient, and is to stand committed until he have perfectly an