JONES v. MAGILL. 181

during the sittings(c) of a term, this notice can only be given by
an entry of it upon the docket, of which the plaintiff is bound to
take notice; or, if not then entered, it can only be put upon the
docket at the next sittings; and so on, from term to term. But,
if the answer be filed after the close of the sittings of a term, then
the defendant must make such an entry upon the docket, and also
obtain a special order, such as that which has been passed in this
case; and must produce proof of its having been served as required,
before his motion can be heard.

The defendant may, during the sittings of a term, at the same
time he enters upon the docket a notice of a motion to dissolve
the injunction, if the case be so situated, that it lays with the
plaintiff next to proceed, also have entered a rule further proceed-
ings, by the next term; so as to compel the plaintiff to proceed
with his case, in addition to his shewing cause upon the motion
to dissolve. And if the plaintiff excepts to the sufficiency of
the answer, such exceptions may be taken up and decided
at the same time, and together with the motion to dissolve, (d)
After the notice of a motion to dissolve has been given, in
either of those modes, and the rule further proceedings has been
entered, the defendant may, at any time, after the specified period
has elapsed, which is the first four days of the then next term,
take advantage of both, at the same time, during the sittings
of any term, so as to have the injunction dissolved, and the bill
dismissed at once; without giving any fresh notice, or laying a
new rule,(e)

The motion is to dissolve, unless cause shewn by the plaintiff;
and therefore on the hearing of it, the matter is opened by him, then
the defendant is heard, and the argument is closed on the part of
the plaintiff. If the plaintiff fails to appear and shew cause, the
injunction may be dissolved on such default, without any consider-
ation by the court, of the bill and answer; which will become
absolute at the close of the sittings of the term unless cause shewn.
But, if the Chancellor is called on, during the sittings, as he may
be, for his judgment upon the motion to dissolve, and he orders the
injunction to be dissolved, then it will not, on any account, be re-
instated merely on the same bill and answer.

(c) See ante, 126, note (o).

09 Alexander v. Alexander, MS., 13th Dec. 1817; Eden Inj. 73.—(e) 2 Mad.
Chan. 385; Naylor v. Taylor, 16 Ves. 127; Bishton v. Birch, 2 Ves. & Bea. 40;
James v. Bioa, 3 Swan. 244; Farquharson v. Pitcher, 3 Russell, 383.