either of those cities, and the subpoena is served fourteen days before the appearance day, then the appearance to be entered within fourteen days exclusive of such service; and if an appearance is not entered as required, an attachment may be issued at any time after the expiration of the period allowed for such appearance.

5th. That if the subpoena shall have been served personally on the defendant, and he shall not cause his appearance to be entered within the time limited for that purpose, then the complainant may, after such time shall have elapsed, upon filing an affidavit of such service, obtain an order that the defendant enter his appearance and file his answer in six weeks thereafter, or that the bill be taken pro confesso against him, which order shall, without notice thereof to the defendant, become absolute, and may be entered as of course at the expiration of the said six weeks.

6th. That all attachments for contempt for not appearing, shall have at least fifteen days exclusive between the test and the return, (unless upon motion or petition the court shall order otherwise,) and may be returnable as well in vacation as in term time. That in any case, in which the service of a subpoena shall have been otherwise than personal, after an attachment for not appearing shall have been issued to the county in which the defendant is an inhabitant, and returned non est, the complainant may, at his election, issue alias and pluries attachments, or proceed as in case of a defendant absent from the state or concealing himself therein.

7th. That whenever it shall appear by affidavit, that a defendant is absent from this state, or cannot upon diligent search and inquiry (intermediate the test and return of a subpoena to appear and answer) be found therein, an order may be entered, requiring him to appear and answer the complainant's bill, if concealed within this state, in three months; if in any other of the United States, within four months and if in foreign parts, within nine months after the date of such order and a copy of such order having been published in the mode required by law, the complainant may, after the expiration of six weeks, subsequent to the term limited by such order, enter an order to take his bill pro confesso.

8th. That if the affidavit proving the absence or concealment of the defendant, does not state some probable cause for inferring that he is

within this state, or some part of the United States, he shall always, within the intent of this rule, be deemed to be in foreign parts.

9th. That if a defendant shall have been taken on attachment for not appearing, shall be brought into court in consequence thereof, and shall neglect or refuse to cause his appearance to be entered instanter, or his answer to be filed within such time as the court shall then appoint, he shall stand committed until the costs accrued in consequence of his contempt be paid; and the complainant's bill shall thereupon be taken pro confesso against him as by default.

10th. That when an attachment for not appearing shall be served, the defendant shall be retained in custody thereon, to answer the exigency of the writ, until the return day thereof, unless he shall, with one or more sufficient sureties, give bond in the penal sum of three hundred dollars to the complainant, conditioned for his appearance on the return day of such attachment, according to the command of such attachment, on the return day thereof. That if such attachment shall not be returned, the complainant may enter an order requiring the returning officer to bring in the body of the defendant in fourteen days after the service of a copy thereof, or that he be amerced fifty dollars. That all the defendants in the same cause liable to attachment for contempt in the same county shall be named in such at tachment.

11th. That the complainant may amend his bill at any time before answer, plea, or demurrer filed, of course, and without payment of costs; but if the defendant's appearance is entered, and the defendant hath procured a copy of the bill, the complainant shall furnish the defendant with a certified copy of the amended bill gratis. [Amended, see rule 90.]

12th. That the complainant shall have three weeks time after notice of the defendant's answer being filed, to except to the same, file a replication, or set down the cause for hearing on bill and answer, at the expiration of which time, if no proceedings have been had by the complainant, a decree for the dismissal of the bill may be entered at the next or any subsequent term, unless there be good cause shown o the contrary.

13th. [Repealed, see rule 90.]

14th. That the defendant shall have six weeks, exclusive from the day on which his appearance is required to be entered by the terms of the subpoena, and the time allowed from the service thereof by the 4th rule, to answer the complainant's bill.

15th. That if the defendant puts in an insufficient answer, which is excepted to as insufficient, and the defendant submits to answer further, or the answer shall on reference be found insufficient, in either case the complainant may amend his bill of course, and without costs, and the defendant shall answer the amended bill and exceptions together; and when the defendant shall plead or demur, and the plea or demurrer shall be overruled, the complainant may, before the time for answering expires, amend his bill of course, and without costs; and the defendant shall answer the amended bill, with the exceptions to the plea, if it shall stand for an answer; with liberty to except and be excepted to, and the defendants shall submit to answer the exceptions, or the exceptions shall on a reference be allowed.

1

16th. That all answers, whether taken with or without oath, or by consent of parties, shall be taken before any one of the masters of this court, or before commissioners, and that no answer be filed unless so taken, without special order for that purpose first had.

17th. That in all cases in which the defendant shall answer the complainant, before the time expires for replying, the complainant may amend of course, until it expires; but if such amendment requires a new or farther answer, then it shall be on payment of costs to be taxed; but if a new or farther answer is not thereby rendered necessary, then the complainant shall only be bound to furnish the defendant with a copy of the bill as amended, gratis.

18th. That if the defendant demurs to the bill for want of parties or other defect, which does not go to the equity of the whole bill, the complainant may amend at any time before the demurrer is set down for argument, or witain fourteen days after receiving notice of the demurrer, of course, upon the payment of costs to be taxed, and in all cases where a defendant shail demur, which from the causes of demurrer the time of amendment, shall not come within the former part of this rule, th complainant's right to ameid. and the terms on which it may be done, shall be in the discretion of the court, and

may be ordered at any time before a decree allowing the de

murrer.

19. That when a plea or demurer shall be filed, it shall be the duty of the party pleading or demurring, within three weeks after filing the plea or demurrer, to set the same down for argument at the next term, or in default thereof, that an order may be entered that the same be overruled; and the complainant shall then be at liberty to proceed as though such plea or demurrer had not been filed; but that if a defendant shall plead a former decree, another suit depending for the same cause, or other matter of record in this court, the defendant shall, instead of setting the same down for argument, enter an order for a reference to a master to examine and report whether the plea be true; and shall procure the master's report thereupon by the next term, or the plea shall be considered as overruled, and the complainant be at liberty to proceed as though no such plea had been filed, unless cause be shown to the contrary.

20th. That one rule to produce witnesses, and one rule to pass publication, shall be sufficient, each of which shall be a rule of three weeks; and neither of which shall be entered, unless on the application of the party to his clerk who shall enter the rules.

21st. That for the purpose of compelling the attendance of witnesses who reside in this state, a subpoena may issue under the seal of the court, with a blank for the names of the witnesses to be filled up by the party procuring the same, as occasion may require, requir ing the witnesses to attend before the commissioners in the commission named, at such time and place as the commissioners shall appoint, for the purpose of giving evidence in the cause therein described; and a memorandum in writing subscribed by one or more of the commissioners, designating the time and place when the commissioners shall meet for that purpose, being left with the witness at the time the subpoena shall be served on him, shall be sufficient to compel the attendance of such witness at the time and place designated, in like manner as if the time and place of the meeting of such commissioners had been specially designated in such subpoena, or to incur a con. tempt if he does not attend accordingly; and when the subpoena is to compel the attendance of witnesses before the examiner, the day and place shall be described in the writ.

22d. That a witness once examined, either before an examiner or commissioners, shall not be again examined, either to the same or different facts, unless by the consent of the opposite party, or by order of the court on sufficient cause shown by affidavit or otherwise, according to circumstances.

23d. That witnesses examined on direct and cross interrogatories, or either, shall be sworn generally to give their evidence on the interrogatories, to be from time to time exhibited to them by the examiner, so as to avoid the unnecessary repetition of oaths.

24th. That a commision for the examination of witnesses within this state shall issue of course, and be made out by the clerk of the party procuring the same, upon his application for the purpose; that the party applying for such commission, shall give notice to the adverse party eight days exclusive before the issuing thereof, and shall at the same time nominate three commissioners at the least, and the party to whom notice is so given shall, if he intends to join in the commission, give notice to the adverse party four days exclusive, before the time when the commission may issue, of his intent to join in the commission; and if he shall agree to the commissioners nominated by the other party, he shall at the same time give notice thereof, and a commission shall issue to them accordingly; but if be shall not agree to the commissioners so nominated, he shall at the same time nominate three commissioners, and the names and addition of the commissioners so nominated by each party, shall be furnished to the clerk, who is to issue the commission, whe shall in his discretion, select one commissioner from each of the nominations of the parties, and shall, in the presence of the parties, or their solicitors, (if they shall elect to attend for the purpose) put the names of all the other commissioners on separate slips of paper, as near as may be alike, close them so as to conceal the writing, and draw one therefrom, and the person named in the paper so drawn, shall be the third commissioner, and such clerk shall issue a commission to the persons so selected, and drawn as commissioners accordingly. That the three commissioners named in any such commission, or any two of them, shall be authorized to execute the same. That the said commissioners be allowed in the taxation of costs, five dollars for each day's attendance in executing such commission, including going and returning from the place where the commission is to be executed, computing a day for every twenty-five miles, and that no expenses beyond the said five dollars a day, be allowed them .