August, 1841, which are respectively numbered, 1, 2, 3, 4, 5, 8, 14, 20, 21, 22, 33, 34, and 35, and the several Orders comprised in the General Order of the 11th of April, 1842, which are respectively numbered 1, 2, and of all other 4, and 5, and all other Orders and parts of Orders, so far as such other inconsistent Or Orders and parts of Orders are inconsistent with these Orders, but not further or otherwise, are hereby abrogated and discharged. ders. These Orders to II. All former Orders and parts of Orders not specified in Order I., s0 far as the same are now in force, and consistent with these Orders, are to remain in full force and effect. When the Orders are to come into Operation. III. These Orders are, as to all suits now depending or hereafter to take effect on the be commenced, to take effect on the 28th day of October, 1845. 28th of October, 1845. Ditto, in Accountant Gen Interpretation. JV. In these Orders the following words have the several meanings hereby assigned to them, over and above their several ordinary meanings, unless there be something in the subject or context repugnant to such construction; viz.— *1. Words importing the singular number include the plural number, and words importing the plural number include the singular number. 2. Words importing the masculine gender include females. 3. The word person or party includes a body politic or corporate. 5. The word plaintiff includes informant. Official Attendance and Vacation. V. The several offices of the Court, except the offices of the Accountant General and of the Masters in ordinary and Taxing Masters, are to be open on every day of the year, except Sundays, Good Friday, Monday and Tuesday in Easter Week, Christmas day,-and All days appointed by proclamation to be observed as days of general fast or thanksgiving. VI. The offices of the Accountant General, and of the Masters in oreral and Masters' dinary and Taxing Masters, are to be open on every day of the year, except the days specified in Order V., and except during vacations. Office. Ditto, in Vacation Masters' Of fices. Vacations. VII. The offices of the vacation Master in ordinary, and of the vacation Taxing Master, are to be open during the vacations on every day except the days specified in Order V. VIII. The vacations to be observed in the several offices of the Court, except in the office of the Accountant General, are to be four in every year, viz. the *Easter vacation, the Whitsun vacation, the long vacation, and the Christmas vacation; 1. The Easter Vacation is to commence and terminate on such days as Easter. the Lord Chancellor shall every year specially direct; 2. The Whitsun Vacation is to commence on the third day after Easter Whitsun. Term, and to terminate on the second day before Trinity Term in every year; 3. The Long Vacation is to commence on the 10th day of August, and Long. terminate on the 28th day of October in every year; [xviii] 4. The Christmas Vacation is to commence on the 24th day of Decem- Christmas. ber in every year, and terminate on the 6th day of the following month of January; and 5. The days of the commencement and termination of each vacation are First and last to be included in and reckoned part of such vacation. days to be included. countant Gen. eral's Office. IX. The vacations in the office of the Accountant General are to be the Vacations in Acsame as in the other offices, except as to the Long Vacation, which, in that office, is to commence and terminate on such days as the Lord Chancellor shall every year direct. X. The Lord Chancellor may from time to time, by special order, di- Lord Chancellor rect the offices to be closed on days other than those mentioned in Order der as to vacamay modity orV., and direct any of the vacations to commence and terminate on days different from the fixed days mentioned in Order VIII. Computation of Time. ap XI. When any limited time from or after any date or event is pointed or allowed for doing any act or taking *any proceeding, the computation of such limited time is not to include the day of such date or of the happening of such event, but is to commence at the beginning of the next following day; and the act or proceeding is to be done or taken at the latest on the last day of such limited time according to such computation. tions. twenty-eight XII. When the time for doing any act or taking any proceeding is Month to mean limited by months not expressed to be calendar months, such time is to days. be computed by lunar months of twenty-eight days each. be reckoned. XIII. When the time for doing any act or taking any proceeding ex- Sunday or holi pires on a Sunday or other day on which the offices are closed, and by day, when not to reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding is, so far as regards the time of doing or taking the same, to be held to be duly done or taken if done or taken on the day on which the offices shall next open. XIV. The times of vacation are not to be reckoned in the computa- Vacations, when tion of the times appointed or allowed for the following purposes; 1. Amending or obtaining orders for leave to amend bills. VOL. VII. C not to be reckoned. 2. Exceptions. 2. Filing or referring exceptions, or obtaining a master's report on exceptions, in cases where the time is not limited by the order of reference, or by notice given pursuant to Article 21, of Order XVI. Setting down pleas, demurrers, or objections for want of parties. Filing replications, or setting down causes under the directions of Article 41, of Order XVI. 3. Setting down 3. and setting down [*xx] Intermediate *XV. The day on which an order that the plaintiff do give security for costs is served, and the time thenceforward until and including the day ity for costs or on which such security is given, is not to be reckoned in the computation of time allowed a defendant to plead, answer, or demur. time when secu dered. Times allowed in procedure. XVI. The times of procedure are to be the same in town causes and causes assimila country causes; and in the cases hereinafter mentioned are to be as fol country Time in town and low: ted. Time to serve 1. The service of any subpoena, except a subpoena for costs is to be of no subpœna. validity if not made within twelve weeks after test of the writ. Ditto, copy bill. 2. The service of a copy of a bill upon a defendant under the 23d of the Orders of the 26th August, 1841, is to be of no validity if not made within twelve weeks from the filing of such bill, unless the Court shall give leave for such service to be made after the expiration of such twelve weeks. Time to appear. 3. If a defendant be served with a subpoena to appear to or to appear to and answer a bill, he is to appear thereto within eight days after the service of such subpoena. Liabilities defendant. 1. Attachinent. of 2. Appearance en 3. Common in junction. [*xxi] Time for adverse entry of appear ance. If he does not, he becomes subject to the following liabilities :1. An attachment may be issued against him. 2. An appearance may be entered for him on the application of the plaintiff. 3. If the bill prays for an injunction to stay proceedings at law, the plaintiff may obtain an order for the common injunction, if no injunction has been previously obtained. *4. In cases where a subpoena has been served in the manner specified by Order XXIX, and a defendant is in default for want of appearance, the plaintiff may, within three weeks after such service, cause an appearance to be entered for such defendant by a record and writ clerk, without special order. Time for appear. 5. A defendant, served with a copy of a bill under the 23d of the Orders ance where copy bill served. Consequence of default. of the 26th August, 1841, may, within twelve days after such service, enter a common or special appearance under the 26th or 27th of the same Orders. If he does not do so, he cannot afterwards enter either a common or special appearance without leave of the Court; and he is bound by the proceedings in the cause, unless the Court otherwise directs. Time for refer 6. Any person or party having filed exceptions to any pleading or other matter depending before the Court for scandal, and any party having ring scandal and impertinence. filed exceptions for impertinence, is to obtain an order to refer the same to the Master within six days after the filing thereof. If he does not, the exceptions are to be considered as abandoned, Consequence of and the costs are to be paid by the exceptant. default. ing Master's Report thereon. 7. Any person or party having obtained an order to refer exceptions to Time for obtainthe Master for scandal, and any party having obtained an order to refer exceptions to the Master for impertinence, is to obtain the Master's report thereon within fourteen days after the date of the order, or within such further time as the Master thinks fit to allow. If he does not, the order is to be considered as abandoned, and Consequence of the costs are to be paid by the exceptant. default. *8. Any person or party objecting to the Master's report that any plead[*xxii] ing or other matter referred to him is scandalous, and any party objec- Time for exceptting to the Master's report that any pleading or other matter refer- ing where scanred to him is impertinent, has four days after the filing of the report, nence reported. within which he may file and set down exceptions thereto and serve the order for setting down the same, before the scandal or impertinence is expunged. dal and impertl If he does not do so, the scandalous or impertinent matter is to be consequence of expunged. default. so reported. 9. Any person or party objecting to the Master's report that any plead- Time when not ing or other matter referred to him is not scandalous, and any party objecting to the Master's report that any pleading or other matter referred to him is not impertinent, has four days after the filing of the report, within which he may file and set down exceptions thereto, and serve the order for setting down the same. 10. A defendant may demur alone to any bill within twelve days after Time to demur. his appearance thereto, but not afterwards. tion, unless de&c. within eight days. 11. A defendant desiring to avoid the common injunction for default of Common injunc answer has for that purpose only eight days after appearance, fendant plead, within which he is to plead, answer, or demur to a bill praying an injunction to stay proceedings at law. default. If he does not plead, answer, or demur within such eight days, Consequence of unless defendant 12. A defendant who has appeared in person or by his own solicitor, Order to revive, and desires to show cause against an order to revive being made, pleads or demurs has for that purpose only eight days after such appearance, within within eight which he is to plead or demur to a bill of revivor. days, default. [*xxiii] If he does not plead or demur within such eight days, the plaintiff Consequence of is entitled as of course to the common order to revive. 13. A defendant is to plead, answer, or demur, not demurring alone, to any original or supplemental bill, within six weeks after appearance thereto has been entered by or for him. Time to answer plemental bill. original or sup If he does not, and if he procures no enlargement of the time al- Consequences of owed, he is subject to the following liabilities : default. 1. Attachment. 2. Committal. 3. Traversing or der or bill pro confesso. 1. An attachment may be issued against him; 2. He may be committed to prison, and brought to the bar of the Court; and 3. The plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him. Time to answer 14. If the plaintiff amends his bill under an order for leave to amend ob where bill amen ded before swer. an Consequences of default. As before. [*xxiv] Time to answer amendments and exceptions. Consequences of default. As before. tained and served before answer, a defendant is to plead, answer, or demur, not demurring alone, to such amended bill, within six weeks after he is served with notice of the amendment of such bill. If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities : 1. An attachment may be issued against him ; 2. He may be committed to prison, and brought to the bar of Court; 3. The plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him. *15. If a defendant is ordered to answer amendments and exceptions together, he is to put in his further answer and his answer to the amendments of the bill within four weeks after he is served with notice of the amendment of such bill. If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities :— 1. An attachment may be issued against him; 2. He may be committed to prison, and brought to the bar of the Court; 3. The plaintiff may file a traversing note, or proceed to take the bill pro confesso against him. Time to answer 16. If a defendant, having already answered, is served with a subpœna amended bill af ter an answer. Consequences of default. As before: to appear to and answer an amended bill, he is to plead, answer, or demur, not demurring alone, to such amended bill, within four weeks, after an appearance thereto has been entered by or for him. If he does not, and if he procures no enlargement of the time allowed, he is subject to the following liabilities : 1. An attachment may be issued against him; 2. He may be committed to prison, and brought to the bar of the Court; and 3. The plaintiff may file a traversing note, or proceed to have the bill taken pro confesso against him. Time for plaintiff 17. Within twelve days after the filing of a demurrer to the whole bill, to set down de murrer to whole bill. [*xxv] Consequences of default. murrer 10 part the plaintiff desiring to submit such demurrer to the judgment of the Court is to cause the same to be set down for argument. *If he does not, such demurrer is to be held sufficient, and the plaintiff is to be held to have submitted thereto. Setting down de. 18. Within three weeks after the filing of a demurrer to part of a bill, the plaintiff desiring to submit such demurrer to the judgment of the Court is to cause the same to be set down for argument. of bill. |