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Of setting down the Cause for hearing upon Bill and
Answer.

If the plaintiff conceive that the admissions of the defendant's answer are by themselves sufficient to substantiate his case, and entitle him to the decree of the court, he may proceed to set down the cause for hearing on bill and answer, the manner of doing which will be hereafter shown under the proper title; but if the discovery be incomplete, or the allegations of the bill be insufficiently replied to, the plaintiff may take exceptions to the defendant's answer, and pray that it may be rendered more full and particular to the points excepted to. On the other hand, if the answer be impertinent, that is, if it state matter, which does not relate to the cause, or if it state facts which are unconnected with the inquiries of the complainant; or if it be prolix, which is, where there is an unnecessary multiplicity of words to convey the meaning, the answer will be subject to exceptions. Should the exceptions be allowed and confirmed, the party concerned must incur considerable costs; so that to make a full and sufficient answer, and at the same time to avoid impertinence and prolixity, requires some professional skill. If an answer be scandalous, which means abusive, it will also be subject to exceptions, but this is an error which requires no professional skill to avoid, (vide post, exceptions.)

When the complainant considers the answer insufficient, this must be taken advantage of by filing exceptions thereto with the clerk. (a) But if the answer be deemed scandalous, or impertinent, the practice is, on motion, to refer it to a master, who thereupon summons the parties, and after hearing them reports thereon. (b) (a) 57 Rule, see also 15 Rule, Bart. 131. 186. (b) 2 Mad. 277. Park. ch. Pr. 14.

10 Of setting for hearing up

down the cause

on bill and

auswer.

11 of hearing

the cause on

There may be a reference to the master for these causes, or any of them, and exceptions filed with the clerk at the same time, and where there is an injunction, or ne exeat, the former will not be dismissed, nor the latter discharged upon the ground of the defendant's having answered all the equity of the complainant's bill, unless both the exceptions and reference are disposed of, so that the answer may be considered as perfect by the

court.

The duties of a master on the subject of references, forming an important article in the practice of the court of Chancery, the compiler has thought proper to postpone the introduction of them till after the suit had progressed in the most direct course to the Court of Errors, [vide post, reference.]

Of hearing the cause on bill and answer.

The answer being put in and perfected, the next bill and answer. step is on the part of the complainant, if he does not mean to relinquish his cause.

12 The complainant to

after notice of

If the complainant finds sufficient confessed on the defendant's answer to ground a decree upon, he may proceed to the hearing of the cause on the bill and answer only, without filing a replication, or examining witnesses, but in that case he takes the defendant's answer to be true in every part.

The cause must be set down within three weeks afhave 3 weeks ter the answer is filed and perfected, or the bill at the defendant's an- next or any subsequent term may be dismissed unto set down the less there be some good cause shown to the contra

swer being filed

cause

0° bill

and answer.

et

ry. (a)

(a) 12 Rule.

The Form of an Answer.

the answer.

The joint and several answers of C. D. and M. N. 13 Form of two of the defendants to the bill of complaint of A. B.

an Infant by A. B. his Father and next friend, complainant.

These defendants now and at all times hereafter say-
ing and reserving to themselves all manner of benefit
and advantage of exception to the many errors and in-
sufficiencies, in the complainant's said bill of complaint
contained, for answer thereunto, or unto so much or such
parts thereof as these defendants are advised is materi-
al for them to make answer unto-They answer and
say, they admit that
in the complainant's

bill named, did duly make and execute such last will
and testament, in writing, of such date and to such pur-
pose and effect as in the complainant's said bill mention-
ed and set forth, and did thereby bequeath to the com-
plainant
such legacy, of
dollars, in the words for that purpose inentioned in the
said bill, or words to a like purport or effect-And
these defendants further answering, say that they ad-
mit, that the said testator died on or about the

day of
without revoking or
altering the said will-And these defendants further
answering admit, that they these defendants, sometime
afterwards, to wit, on or about the
duly proved the said will before

day of Surrogate, &c. and took upon themselves the burthen of the execution thereof. And these defendants are ready to produce the said probate, as this honorable court shall direct.And these defendants further answering admit, that the said complainant by his said Father, and next friend, did several times since the said legacy

of dollars became payable, apply to them these defendants to have the said legacy paid or secur ed, for the benefit of the said complainant, which these defendants declined, by reason that the said complainant was, and still is an infant, under the age of twentyone years wherefore these defendants could not, as they are advised, be safe in making such payment, or in securing the said legacy, in any manner for the benefit of said complainant, but by the order and direction and under the sanction of this honorable court-and these defendants further answering, say, that by virtue of the said will of the said testator, they possessed themselves of the real and personal estate, goods, chattels, and effects of the said testator, to a considerable amount and do admit that effects of the said tes tator are come to their hands, sufficient to satisfy the complainant's said legacy, and which assets they admit to be subject to the payment thereof, and are willing and desirous, and do hereby offer to pay the same, as this honorable court shall direct, being indemnified therein; and these defendants deny all unlawful combination and confederacy in the said bill charged without that, that any other matter or thing material or necessary for these defendants to make answer unto, and not herein or hereby well and sufficiently answered unto, confessed, or avoided, traversed or denied, is true, to the knowledge or belief of these defendants. All which matters and things these defendants are ready to aver, maintain, and prove, as this honorable court shall direct; and humbly pray to be hence dismissed, with their reasonable costs and charges, in that behalf most wrongfully sustained. Sworn to this

of

day

1818. Before me,

I. K. Master in Chancery.

C.D.

M. N.

G. H. Sol'r for def't.

A memorandum of the date of the issue to be delivered

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14 Note of the issue joined to ci- be given to the

register or as

Let this cause be set down for hearing at the next court of Chancery, to be held at the city hall of the ty of New-York, on the 2d Monday of June next, on sistant regisbill and answer-The issue was joined on the

ter. (a)

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8 days if the ad.

solicitor

county where

Take notice, that I intend to bring this cause to a 15 The nohearing on bill and answer at the next court of Chan- tice must be of cery, to be held at the city hall of the city of New-resides in the York, on the second Monday of June next, at the open-the court is to ing of the court on that day, or as soon thereafter as daysif in anoth counsel can be heard-Datetl the day of 1818. er county.(b) E. F. Sol'r. for Comp't.

To G. H. Esq. def't. sol'r.

be held, and 14

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