unless the Court shall, upon overruling such demurrer 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 require 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 to the defendant for filing such demurrer, cause the same to be set down for argument: and where the demurrer is to part of the Bill, the demurrer 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, cause the same to be set down for argument, and the plaintiff shall be held to have submitted thereto. 36. That 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 interrogatory, from answering which he might have protected himself by demurrer; and that he shall be at liberty so to decline, notwithstanding 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 following; (that is to say,) "Set down upon the defendant's objection for want of parties;" and that where the plaintiff 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 where 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 praying 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 be proved by the affidavit of the witness who would be competent to prove the same vivâ voce at the hearing. 44. That where a defendant makes default at the hearing of a cause, the decree shall be absolute in the first instance, without giving the defendant a day to show cause, and such decree 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 undisposed of, unless the Court shall otherwise direct. 46. That a creditor, whose debt does not carry interest, 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 £4 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 his debt, and the same shall be taxed by the Master, and added to the debt. 48.-That in the reports made by the Masters of the Court, no part of any state of facts, charge, affidavit, deposition, examination, or answer, brought in or used before them, shall be stated or recited. But such state of facts, charge, affidavit, deposition, examination, or answer, shall be identified, specified, and referred to, so as to inform the Court what state of facts, charge, affidavit, deposition, examination, or answer, were so brought in or used. 49. That it shall not be necessary in any Bill of Revivor, or supplemental Bill, to set forth any of the statements in the pleadings in the original suit, unless the special circumstances of the case may require it. 50. That in any petition of rehearing of any decree or order made by any Judge of the Court, it shall not be necessary to state the proceedings anterior to the decree or order appealed from, or sought to be reheard. 51. That the foregoing Orders shall take effect as to all suits, whether now depending, or hereafter commenced, on the last day of Michaelmas Term, One thousand eight hundred and forty-one. COTTENHAM, C. LORD LYNDHURST'S ORDER, 12th October, 1841. Whereas an Act was passed in the fifth year of the reign of her present Majesty, intituled "An Act to make further Provisions for the Administration of Justice: Now, for giving effect to certain provisions in the said Act, for transferring to this Court all suits and matters which, on the 15th day of October instant, shall be depending in her Majesty's Court of Exchequer, as a Court of Equity, or under the special authority of any act or acts of Parliament, I do hereby order, that every plaintiff and defendant in any suit to be transferred under the authority of the above recited Act, shall, on or before the said fifteenth day of October instant, name one of the sworn clerks of this Court to conduct and carry on and act in such suit as clerk in Court, according to the usual practice of this Court; and in default thereof, either party to the suit may cause to be served upon the other a notice in writing, requiring the party served to appoint a clerk in Court within seven days after the day of service of such notice, which shall be left at the dwelling-house or usual place of abode of such party; but if such dwelling-house or usual place of abode cannot be ascertained, and affidavit shall be made to that effect, then service of such notice upon the Solicitor who was last concerned for such party in the Court of Exchequer, shall be deemed good service; and in case, at the expiratiou of the period so to be mentioned in such notice, no clerk in Court shall have been appointed according to the requisition thereof, then the party giving such notice shall be at liberty to apply to this Court to appoint a clerk in Court for the party so making default as aforesaid, and such application may be upon motion or petition without notice, but it shall be supported by an affidavit of such notice as aforesaid having been served, and of the address of the party or Solicitor served And I do hereby further order, that no proceeding shall be taken by any party in any suit so to be transferred as aforesaid, until after the appointment of a clerk in Court: and that where such appointment shall be made by this Court, the Order directing the same shall contain the address of the party so making default in such appointment, or of the Solicitor so representing such party as aforesaid, in order that the clerk in Court so appointed may be enabled to forward notices and other matters to such party. And I do hereby further order, that so far as regards the taxation and allowance of costs in any of the suits or matters so to be transferred as aforesaid, and which shall not by any Order of this Court be directed to be regulated in that particular by the present practice of the Court of Exchequer, such costs shall be taxed and allowed in manner following (that is to say), the costs previously to the said fifteenth day of October instant shall be taxed and allowed according to the practice of the said Court of Exchequer, and the costs from and inclusive of the said fifteenth day of October shall be taxed and allowed according to the practice of this Court. LYNDHURST, C. ORDERS for regulating the Distribution of BUSINESS amongst the VICE-CHANCELLORS; issued by the LORD CHANCELLOR, 11th November, 1841. Whereas an act was passed in the fifth year of the reign of her present Majesty, intituled "An Act to make further Provisions for the Administration of Justice:" And whereas, under the powers in that Act contained, two additional ViceChancellors have been appointed: Now I do hereby order-1 1. That in all informations or bills marked under the first Order of the 5th day of May, 1837, with the words "Lord Chancellor," the plaintiff shall, underneath the words "Lord Chancellor," write the title of one of the three Vice-Chancellors, at his option; and the cause shall thenceforth, unless removed by some special order of the Lord Chancellor, be attached to such Vice-Chancellor's Court. 2. That the title of the Vice-Chancellor to whose Court any cause shall be attached shall be marked in every certificate granted under the second Order of the 5th day of May, 1837. 3.-That, subject in every case to any special order made or to be made by the Lord Chancellor, every cause already heard by any Vice-Chancellor since the first day of this present Michaelmas Term, be attached to the court of the ViceChancellor by whom the same has been heard; and every cause standing in the Lord Chancellor's book of causes, down to and inclusive of the cause of Hodges v. Daly, shall be attached to the Court of the judge to whom the same is appropriated in the said book. 4. That the plaintiff in every cause now in the Lord Chancellor's Court, whether already heard, standing for hearing, or otherwise, except those mentioned in the last preceding Order, shall be at liberty to deliver a notice to his clerk in Court, stating the name of the Vice-Chancellor to whose Court he desires such cause to be attached, and to serve notice thereof on all parties to the cause; and in case the plaintiff shall neglect or omit so to do on or before the 17th day of November inst., the defendant, or any one of the defendants, shall be at liberty to give such notice. And in case, on the 21st day of November inst., no such notice shall have been given, then any person who may be desirous of applying to the Court in such cause, shall be at liberty to give such notice; and that the notice of the plaintiff, if given on or before the said 17th day of November inst., or, if not so given, then the notice, whether of the plaintiff or of any one of the defendants, first given after the said 17th day of November inst., and |