defendants anfwer to the fupplemental bill was read, in which he faid, he was mistaken in the law in that point, and defired he might be at liberty to waive any admiffion he had made in it, and to wait till the Mafter had made his report.-Motion refused. Application to amend a schedule to defendant's answer, an indictment for perjury having been preferred, or at least threatened. Lord Chancellor re- 1 Bro. 419. fufed to interfere, although he took it to be clear, that the defendant did not mean to perjure himself, as he The defendant, an executrix, admitted affets of her teftator, but at the fame time infifted, that nothing was due to the plaintiff. By the Mafter's, report a large fum of 1000 l. and upwards appeared to be due to the plaintiff, whereupon the defendant applied for leave to retract her admiffion in her anfwer, on affidafit, ftating her reafons, which were very ftrong, for believing, when the put in her anfwer, that nothing was due; and that on that account she had been advised by counsel to make fuch admiffion. This was confirmed by affidavit of her counfel and folicitor; the fwore that he had but 400 l. unadminiftered and Doyley v. offered to be examined on interrogatories. Lord Crump. Chancellor allowed her to fwear her anfwer de novo, July 18, 1789. admitting affets to the amount of 400% with liberty to the plaintiff to examine her as to affets ultra. Motion to amend an answer after replication, upon affidavit, that the defendant was informed, that he had a good defence, (viz. a modus,) and had not in- 2 Anft. 363. ferted it in his anfwer, not being able at that time to fet forth the modus with precifion. Motion refused. Upon difcovery of new matter, in an account, a Id. ibid. fupplemental anfwer was permitted to be filed, after replication. The Court of Exchequer never fuffer an answer to 3 Anft. 717. be amended, but will fometimes permit a defendant to file a fupplemental answer. Ꭰ To what court. Before decree executed. Rehearing. Depofit. AP PEA L. [IF either party thinks himself aggrieved by a decree of this Court, he may by petition appeal to the Lords in Parliament, and have the caufe reheard there, and they will affirm, alter, or reverse the decree, as they fee fit.] [And this may be done either before or after the decree is executed.] [Sometimes a rehearing before the Chancellor of a cause heard before the Mafter of the Rolls is called an Appeal.] Vide Rehearing. By an order of the 12th of May 1686, no rehearing Curf. Can. 404. or appeal was to be, except the appellant fhould depofit 54. to recompenfe the other party his cofts, in cafe he failed in his appeal; but this is now made 20%. . Evidence. * Vern. 443. 1 P. Will. 329. To what court. 2 Will. 262. In what cafes. Upon an appeal from the Rolls, the appellant may be let into new evidence, which was not read there, provided he will give up his depofit. Contrà, Prec. in Ch. 295. But otherwife on an appeal to the Lords. No words in a grant from the Crown can deprive a fubject of his right to appeal: much less if the grant be filent in that particular. An appeal from decrees made in the plantations lies only to the King in council. An agreement was figned by the parties, and by 3 P. Will. 242. Confent made an order of Court, to fubmit to fuch decree as the Court thould make, and neither party to bring an appeal; yet the caufe allowed to be reheard. x Eq. Ca. Abr. 165. Amb. 229. Cofti. z Vez. 250. Amb. 521. 3 Bro. 141. No appeal lies from a decree made by confent, though the party did not really give his confent ; but his remedy is against his counsel, &c. A party cannot appeal for cofts only, but in par ticular cafes the rule may, and has been difpenfed with. Quare, Whether it can be difpenfed with, only in cafes where it appears on the face of the decree that cofts are improperly given, or where the merits must be gone into? Vide Turner v. Turner, 14th May 1726. Carwardine v. Carwardine, 19th November 1757. Pit v. Page, 1 Bro. P. Ca. 550. Ад An appeal cannot be regularly made to the House of Appeal to the Lords, till after a rehearing before the Lord Chan Lords. cellor, if the caufe was heard before the Mafter of 1 Har. 697% the Rolls; though if a decree be made by the Master of the Rolls, and the fame is figned and inrolled, fuch decree may be appealed from to the Houfe of Lords, because there can be no rehearing thereof before the Chancellor. Appeals are to be figned by two counfel of cha Signed by two.. racter, ufually fuch as have been concerned in the counfel. caufe below, and exhibited by way of petition, and lodged with the clerk of the Houfe of Lords, with 1 Ha.677 whom the appellant is to depofit 20l. to recompenfe the other party his cofts, in cafe he fails in his appeal, &c. ap The appeal being thus lodged and read in the house, Refpondent to the refpondent is, ordered to have a copy of the have a copy of the appeal. peal, and required to put in his anfwer by a day fixed; and a day is appointed for hearing the caufe in order 1 Har. 677. as the appeals come in; and notice is given thereof to the appellant's folicitor, who may get a fummons ferved on the other fide to appear, &c. Thefe appeals can only be argued by two coun- Argued by two fel on each fide and after hearing counfel upon the counsel. appeal, and upon the anfwer, the Lords order and adjudge that the decree of the Chancery be varied in fuch matters as their Lordships think fit, or that the petition and appeal be difmiffed, and the decree Hr. 678. affirmed with cofts, &c. A majority of the Lords finally determines the How detercause. mined. Sometimes the House of Lords direct an iffue at Ibid. law for trial of fome point neceffary between the parties; and after fuch trial to refort back to the Court of Chancery, for their farther direction in that matter. Printed copies of the appellant's and alfo the re- 1 Har. 678. fpondent's cafe are ufually delivered to the Lords; which cafes, before printed, are always figned by two counfel, viz. the plaintiff's cafe by two counfel, and the defendant's cafe by two counfel, whofe refpective names are printed at the bottom of the cafes. In a cafe, where a party had appealed to the Chancellor's House of Lords from an interlocutory order made in juridiction fufthe cause, and after lodging his appeal, it was D 2 after pended. 1 Har, 680. Lord and Lady Pomfret v. Smith, at Lin afterwards moved on his behalf that a receiver of the eftates in queftion might be appointed. The Lord Chancellor faid, the practice was, that by coln's-Inn Hall, bringing the appeal before the Houfe of Lords, the Lord Chancellor's jurifdiction was fufpended only as to the matter appealed from, but not totally, fo as nothing could be done in any other part of the cause not appealed from. June 1772, coram Lord Apfley. Ireland. An appeal lies from the Court of Chancery in IreCut, Can. 405. land to the House of Lords here. When. [1 Prax. Alm. 5. Ord. Ch. 95.] Hind. 93. LA APPEARANCE. DEFENDANT is not bound to appear till the return of the procefs, though he be ferved with it ever fo long before.] [If a defendant within 20 miles of London be ferved with a fubpoena ad refpondendum the morning of the return, he hath four days after the return to appear in.] [If he be ferved within four days before the day of the return, he hath four days from the day of fervice; if ferved four days, or more, before the return, he muft appear the fecond day at fartheft after the return.] He must now appear on the returnday. [If above 20 miles from London a defendant be [Ord. Ch. 95.] ferved with a fubpoena, either on the morning (i. e.) before 12 of the clock of the day of the return, or within 8 days before the return, he hath in each cafe 8 days from the fervice to appear in.] [Ibidem.] [Itidem.] [2 Toth. 9.] [Com. Att. 24. 2 Prax. Alm.77.] [If the bill be not filed in time, the defendant is not bound to appear till it be.] [If the fubpoena be returnable immediatè, yet the defendant hath the fame time from the fervice to appear in as before, viz. within 20 miles four days, above 20 miles eight days.]" [Said, No fubpoenas to anfwer are made returnable immediate in term-time.] [Where the fubpoena is returnable on the last return-day of the term,, fuppofe Quindena Martini, the defendant defendant is at liberty to appear the first return of the term following.] [But where the fubpoena is returnable on a day [Com. Att. 24. certain, though it be the last day but one of the 2Prax. Alm.77.] term, the defendant is bound to appear as of that. term.] ༄་་་་། [No clerk, or other, fhall appear upon a coun- [Ord. Ch. 86.] terfeit fubpoena.] appearance. [The bill being filed, if the defendant doth not Attachment appear in due time, as aforefaid, an attachment for want of (upon affidavit, that the fubpoena was ferved) may [Com. Att.419.] be awarded against him; which must be entered in the register's book, with the cause of its being if fued.] [If both husband and wife are ferved with a fub- Baron and Feme. pœna, or if the hufband be only ferved, and hath notice that his wife is alfo a defendant, he must ap pear for both, elfe an attachment may, in the first [Toth. 11.] place go against both, and in the latter against him.] Bill against husband and wife: the hufband only [Ca. 55. 92 ], appeared and put in a demurrer in their joint names for the non-appearance of the wife; attachment against both. And in all cafes after due fervice, the process of contempt may be awarded against the husband for Hind. 94. the default of the wife, unless an order be obtained for the contrary. If a bill be brought against baron and feme, for a Vern. 613. a demand out of the feparate eftate of the feme, and Prec.in Ch. 328. the husband is beyond fea, and not amenable by the procefs of the Court, yet if the wife be ferved with a fubpoena, fhe muft appear and anfwer plaintiff's bill. Bill against husband and wife; procefs of contempt 3 P. Will. 38. iffued against both, upon which the wife, only was IVez. 383. 386. taken, and gave a bail-bond for her appearance, and appeared for herself only, and afterwards obtained an order for time to answer separately from her husband, who was abroad. Lord Hardwicke was of opinion, that after appearance it was too late to complain of any irregularity in the service of procefs, the irregularity being waived. [A. and B. are named defendants in a fubpoena; Subpana, A. only ferved: B. got the fubpoena in his hand, and Service. D. 3 for |