answer within three months after the day of appearance, and after the bill shall have been filed, the plaintiff may proceed to take his bill for confessed, and the matter thereof shall be decreed accordingly; which decree shall be absolute, unless cause be shown at the term next succeeding that to which the process shall be returned executed.

RULE VII.

If the defendant cannot be found, it shall be sufficient ser. vice of any decree nisi, to leave a copy thereof with his wife, or any free white person who is a member of his or her family; and if no such person be found, then it shall be sufficient service to publish the same in such paper of the District as may be designated by the Court for such time as the Court shall direct.

RULE VIII.

All process shall be executed by a sworn officer, or affidavit must be made of the service thereof, when executed by any other person.

RULE IX.

Every defendant may swear to his answer before any justice or judge of the United States, or a commissioner or master, or other person appointed by the Court, or judge of any Court of a State or Territory, or justice of the peace, or notary public of any State or Territory.

RULE X.

If the defendant does not file his answer within three months after the subpoena be returned executed, or after a second return of a copy left having been made at least three months, the plaintiff may either proceed on his bill as confessed, or have at general commission to take depositions, or he may move the Court for an attachment to bring in the defendant to answer interrogatories, at his election, and may proceed to a hearing in the two last cases as if the answer had been filed and the cause was at issue. Provided that the Court may, on cause

shown, allow the answer to be filed, and grant a further day for such hearing. And when a party is in custody on such writ of attachment, he shall be detained in custody until he shall file his answer, or be discharged by order of the Court or one of the judges thereof.

RULE XI.

No special replication to an answer shall be filed but by leave of the Court, or one of the judges thereof, for cause shown; and if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same with or without costs at the discretion of the Court.

RULE XII.

When a cross bill shall be exhibited, the defendant or defendants to the first bill shall answer thereto, before the defendant or defendants to the cross bill shall be compelled to answer such cross bill.

RULE XIII.

The complainant shall put in the general replication, or file exceptions within two calendar months after the answer shall have been put in. If he fails so to do, the defendant may leave a rule to reply with the clerk of the Court, which being expired, and no replication or exceptions filed, the suit may be dismissed with costs; but the Court may, for cause, order the same to be retained on payment of costs.

RULE XIV.

If the plaintiff's attorney or solicitor shall except against any answer as insufficient, he, may file his exceptions, and leave a rule with the clerk to make a better answer within two calendar months; and if within that time the defendant shall put in a sufficient answer, the same shall be received without costs; but if any defendant insists on the sufficiency of his answer, or neglects or refuses to put in a sufficient answer, or shall put in another insufficient answer, the plaintiff may set down his

exceptions to be argued at the next term; and after the expiration of that rule, or any second insufficient answer put in, no farther or other answer shall be received but on payment of costs.

RULE XV.

If upon argument the plaintiff's exceptions shall be overruled, or the defendant's answer adjudged insufficient, the plaintiff shall pay to the defendant, or the defendant to the plaintiff, such costs as shall be allowed by the Court.

RULE XVI.

Upon a second answer being adjudged insufficient, costs shall be doubled by the Court, and the defendant may be examined upon interrogatories, and committed until he or she answer them; or the plaintiff may move the Court to take so much of his bill as is not answered for confessed, and may file his replication, obtain commissions, and proceed to hearing in the usual

manner.

RULE XVII.

Rules to plead, answer, reply, rejoin, or other proceedings not before particularly mentioned, when necessary, shall be given from month to month with the clerk in his office, and shall be entered in a rule book for the information of all parties, attorneys, or solicitors concerned therein, and shall be considered as sufficient notice thereof.

RULE XVIII.

The defendant may at any time before the bill is taken for confessed, or afterwards with the leave of the Court, demur or plead to the whole bill, or part of it, and he may demur to part, plead to part, and answer as to the residue; but in any case in which the bill charges fraud or combination, a plea to such part must be accompanied with an answer fortifying the plea, and explicitly denying the fraud and combination, and the fact on which the charge is founded.

RULE XIX.

The plaintiff may set down the demurrer or plea to be argued, or he may take issue on the plea. If upon an issue, the facts stated in the plea be determined for the defendant, they shall avail him as far as in law and equity they ought to avail* him.

RULE XX.

If a plea or demurrer be overruled, no other plea or demurrer shall be thereafter received, but the defendant shall proceed to answer the plaintiff's bill; and if he fail to do so within two calendar months, the same, or so much thereof as was covered by the plea or demurrer, may be taken for confessed, and the matter thereof be decreed accordingly,

RULE XXI.

If the plaintiff shall not reply to, or set for hearing any plea or demurrer, before the second term of the Court after filing the same, the bill may be dismissed with costs.

RULE XXII.

Upon a plea or demurrer being argued and overruled, costs shall be paid as where an answer is adjudged insufficient; but if adjudged good, the defendant shall have his costs.

RULE XXIII.

The defendant, instead of filing a formal demurrer or plea, may insist on any special matter in his answer, and have the same benefit thereof, as if he had pleaded the same matter, or had demurred to the bill.

RULE XXIV.

After any bill filed, and before the defendant hath answered, upon oath made that any of the plaintiff's witnesses are aged, infirm, or going out of the country, or that any one of them is a single witness to a material fact, the clerk may issue a com

mission for taking the examination of such witness or witnesses de bene esse, the party praying such commission giving reasonable notice to the adverse party of the time and place of ta king such deposition.

RULE XXV.

Testimony may be taken according to the acts of Congress, or under a commission. Whenever a general commission shall be issued for taking depositions upon answer and replication, six months from the time of the replication shall be allowed the parties for taking their depositions; and either party at the expiration of the said six months may set the cause for hearing, and no deposition taken after that time shall be read as evidence on the hearing, unless the same was taken by consent of parties, by special order of the Court, or out of the District.

RULE XXVI.

Commissions to take depositions may be executed by any per son qualified to take testimony according to the laws of the State, or by any person or persons, not exceeding three, appointed or named in the commission by order of the Court, or by any judge thereof in vacation. All testimony taken under a commission shall be taken on interrogatories and cross-interrogatories filed in the cause, unless the parties shall dispense therewith, which interrogatories shall be filed in the clerk's of fice ten days previous to a rule day, after which the defendant. shall be allowed five days to file his cross-interrogatories, unless he waives his right.

RULE XXVII.

Orders for the admission of a guardian ad litem, to defend a suit, may be made either by the Court or one of the judges thereof.

RULE XXVIII.

Witnesses who live within the District may, upon due notice of the opposite party, be summoned to appear before the com