from burdensome and sometimes inconsistent duties, which are nevertheless necessary to the administration of justice, but as the means of extending the benefit of its jurisdiction to a much greater variety of cases.

Order for Production of Papers before Hearing.

On motion, etc., ordered that the defendant do, within three weeks, leave with the assistant register of this court, the several books of account, accounts, letters, and papers, relating to the matters in this cause, admitted by his answer to be in his possession; and the complainant, his solicitor, agent, or counsel, is to be at liberty to inspect and peruse the same, and to take copies thereof, or extracts therefrom, as he may be advised, at his own expense; but the said defendant is to be at liberty to seal, upon oath, such parts of the said several books, etc., as do not in any manner relate to the matters in controversy in this suit.

Order that Plaintiff Elect—and Election.

It appearing that the complainant prosecutes the defendant both at law and in this court, for one and the same matter, whereby he is doubly vexed, thereupon, on motion of, etc., it is ordered that the complainant, within eight days after notice of this order, elect whether he will proceed at law in the suit brought by him against the defendant, or in this court upon his bill; and if he elects to proceed at law, or if he neglects to file such election within the said eight days, the bill in this cause shall thereupon stand dismissed with costs; and, if he elects to proceed here, it is then further ordered that he proceed no further in the said suit at law without leave of this court.

Order to Pay Money into Court.

On reading and filing bill and answer in this cause, and due proof of service of this motion; and on motion of

the plaintiff by his counsel, and after hearing the defendant by his counsel (or, and no one appearing to oppose the same), it is ordered that the defendant, C. D., do, on or before the next, pay into the hands

day of

of the register of this court, in trust, in this cause, the sum of $- admitted by the answer of the said defendant to be due from him; and that when such money is paid in, it be deposited by said register, in trust, in the bank of (or invested in bond and mortgage, in trust) to the credit of this cause; there to remain until the further order of this court.

Order of Reference to a Master, to appoint a Receiver.

On reading and filing affidavits, and the pleadings in this cause, and on motion of J. E., solicitor for the plaintiff, the defendant being heard by counsel in opposition thereto, ordered that it be referred to a master of this court to appoint a receiver of the rents and profits of the estate, (or of the estate, property, and effects) of the defendant, C. D., mentioned in the pleadings in this cause, with the usual powers, and upon the usual directions; and that said master take from such receiver the necessary and usual security for the performance of his trust, and file the same in the proper office; and that upon the filing of the report of the master, and of such security, such receiver be invested with all his rights and powers as receiver, according to the rules and practice of this court.

CHAPTER VI.

OF REPLICATION AND REJOINDER.

IF the answer of the defendant controverts the facts charged in the plaintiff's bill, or sets forth new facts and circumstances, which the plaintiff is not disposed to admit (both of which is usually the case), he may maintain the truth of his own allegations, and deny the validity of those alleged by the other party, in a replication to the defendant's answer. This replication, according to the modern practice, consists of a general averment only, of the truth and sufficiency of the plaintiff's bill, and as general a denial of the same properties in the answer of the defendant; but, formerly, if the defendant's answer stated new facts, in opposition to those alleged in the bill, the plaintiff was accustomed to reply by a special statement of other facts, not before charged. This produced a rejoinder by the defendant, asserting the truth and sufficiency of his answer, and alleging the contrary of the plaintiff's replication. A sur-rejoinder frequently followed the rejoinder, and a rebutter the sur-rejoinder, and so on as long as new facts were set forth by one party and denied by the other. But the expense, inconvenience and delay attending these multifarous pleadings on each side, gave rise to an alteration of the practice. Although we have retained the form of a special replication, it has gone completely out of use, and indeed is prohibited by the rules of the Supreme Court of the United States.

The plaintiff, may, however, obtain the benefit which he could have formerly derived from a special replication by amendment of his bill.

A General Replication to a Defendant's Answer.

In Chancery.

Between James Willis, by his father and next friend, plaintiff, and Edward Willis, and William Willis, defendants.

The replication of James Willis, complainant, to the answer of Edward Willis and William Willis, defend-. ants.

This repliant, saving and reserving to himself all and all manner of advantage of exception which may be had and taken to the manifold errors, uncertainties, and insufficiencies of the answer of the said defendants, for replication thereunto, saith, that he doth and will aver, maintain, and prove his said bill to be true, certain, and sufficient in the law, to be answered unto by the said defendants, and that the answer of the said defendants is very uncertain, evasive, and insufficient in the law to be replied unto by this repliant; without that, that any other matter or thing in the said answer contained materially or effectually in the law, to be replied unto, and not herein and hereby well and sufficiently replied unto, confessed, or avoided, traversed, or denied, is true; all which matters and things this repliant is ready to aver, maintain, and prove, as this honorable court shall direct, and humbly prays as in and by his said bill he hath already prayed.

The Special Replication of J. W., Complainant, to the Answer of D. W. and W. W., Defendants.

This repliant, saving and reserving, etc., for replication unto the answer of the said defendant, saith, that he, this repliant, doth, in and by this his replication, waive his demands of tithes of Easter offerings, demanded by his bill, and mentioned in the said defendant's said answer, and does in no wise insist thereupon, or require or intend any examination of witnesses in this cause, concerning or respecting the same, and only insists upon his other demands,

made in and by his said bill; and that he doth and will aver, maintain, and prove his said bill, as to all the demands therein contained (except only as to those hereinbefore excepted and waived), to be just and true, certain and sufficient in the law to be answered unto by the said defendant, and that the answer of the said defendant is untrue, uncertain, and insufficient in the law to be replied unto by this repliant, for divers manifest errors and uncertainties therein contained, without that, etc.; all which matters and things this repliant is ready to aver, maintain, and prove, as this honorable court shall direct, and prays in and by his said bill, as he has already prayed, except as herein before excepted.

The plaintiff, having filed his replication, proceeds to serve the defendant with a subpena to rejoin, and to join in commission for the examination of witnesses. The form of this subpena is precisely the same as the common subpena ad respondendum, and returnable and served in the same manner. The subpena to rejoin answers to a similar citation in the civil law, which closed the litis contestatio, and the reason given by the civilians for its introduction was probably that which occasioned its adoption by our courts of equity, namely, that unless the defendant was cited before the examination of witnesses, the receptio testium would be a mere nullity, as the defendant would have no opportunity of inquiring into their credibility, or of cross-examining them. But it is not necessary with them, nor is it with us, that the defendant should appear to the citation, because, as it is a process entirely in his favor, he is left to avail himself of it or not, at his discretion. The cause is therefore completely at issue upon the mere service of the subpena, and no rejoinder is, in general, actually filed. In the United States, generally, if not universally, the pleadings terminate with the replication, and the cause is deemed fully at issue.