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Of setting donn the Cause for hearing upon Bill and
Ansner.

If the plaintiff conceive that the admissions of the de

fendant's answer are by themselves sufficient to sub-.

stantiate his case, and entitle him to the decree of the court, he may proceed to set down the cause for hear

ing 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

10 Of setting down the cause for hearing upbill and auswer.

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 an-
swer be scandalous, which means abusive, it will also
be subject to exceptions, but this is an error which re-
quires no professional skill to avoid, (vide post, excep-
tions.)
When the complainant considers the answer insuffi-
cient, this must be taken advantage of by filing excep-
tions 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 J 57 Rule, see also 15 Rule, Bart. 131. 136. ( by 2 Mad. 277. Park. ch. Pr. 14.

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 me
creat, 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 pro-
per 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 ansner.

to 9 of The answer being put in and perfected, the next

*:::::: step is on the part of the complainant, if he does not mean to relinquish his cause. 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 som. The cause must be set down within three weeks af

lainan **ter the answer is filed and perfected, or the bill at the

after notice of

*...*.*, next or any subsequent term may be dismissed unswer being filed

*...*, downto less there be some good cause shown to the contra

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The Form of an Answer.
13 Form of

The joint and several answers of C. D. and M. N. a. 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 saving and reserving to themselves all manner of benefit and advantage of exception to the many errors and insufficiencies, 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 material 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 purpose and effect as in the complainant's said bill mentioned and set forth, and did thereby bequeath to the complainant 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 admit, 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 day of * duly proved the said will before 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 secured, 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 testator 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 osser 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 day C. D.

of 1818. Before me, M. N. I. K. Master in Chancery. G. H. Sol’r for def’t.

w

A memorandum of the date of the issue to be delivered
to the register:
In Chancery.
A. B. Complainant,
Between } and

C. D. Defendant.

Let this cause be set down for hearing at the next i *No. court of Chancery, to be held at the city hall of the ci-be too.

ty of New-York, on the 2d Monday of June next, on :jor bill and answer—The issue was joined on the

day of 1817. E. F. Sol’r. for comp’t. G. H. Sol’r. for def’t. To Isaac L. Kip, Esq. Dated 1818. assistant register. Yours, &c. &c. E. F.

Notice of bringing the cause to a hearing.

In Chancery. A. B. Complainant, Between } and C. D. Defendant. Take notice, that I intend to bring this cause to a , is The as: hearing on bill and answer at the next court of Chan-oo: cery, to be held at the city hall of the city of New- ...*.*. York, on the second Monday of June next, at the open-i. where

the court is to

ing of the court on that day, or as soon thereafter as :::::::::::

counsel can be heard—Datetl the day of 1818.*** (*)

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