INDEX, 703

The bill amended so as to state that a de-	Several suits, the, objects of which are the
fendant bad attained his full age, in order that he might be compelled to	tame, may be consolidated. — Camp- bell's case, 241 Meakins' case, 398.
answer as an adult, 29.	Where a publication had passed against
On petition, a subpaena may be issued	an absent defendant who was one of a
against one charged in the bill as an	plurality of heirs or devisees,"it was
absent defendant, who had returned to	decreed, that the plaintiff might take
this state, 29.	out a commission to prove his case
A case cannot be set for hearing on the	subject to a future decree. — Craig v.
return of depositions taken by consent	240.
of only a part of the defendants, 30.	A sale by a trustee may be at once rati-
After the day allowed by an order of pub- lication, which had been published for	fied with the consent of the parties. — Andrews v. Scotton, 644; Arthur v.
an absent defendant to come in, and on	The Attorney General, 246.
a general replication to the answers of	A party may, as of Course, withdraw any
the other defendants, a commission to	document which he himself has volun-
take evidence may be issued, 31.	tarily put upon file, for the purpose of
A ri interlocutory decree by default against	having it authenticated. — Maccubbin v.
infant as well as adult defendants. —	Matthews, 251.
Townshend v. Duncan, 47.	A commission to take evidence should
A decree by default against a defendant,	be executed within a reasonable dis-
who, on being summoned under an or-	tance of the residence of the witness,
der of revivor, had failed to appear, 47.	253.
Rules concerning the examination of wit-	The sufficiency of a trustee's bond certi-
nesses before the examiner; and the	fied by a solicitor. — McMullin v. Bur-
time of publication of depositions un-	ris, 358.
der the provincial government, 61 , note.	On a return cepi to an attachment the
Exceptions to an answer heard and sus-	sheriff may be ordered to bring in the
tained by the Chancellor. — Parker v.	body. — Binney's case, 101; Deakins'
Mackall, 63.	case, 406.
An exceptant ordered to pay a fine for the delay on over-ruling his exceptions to	The course of proceeding against a defen- dant whose answer, on exceptions, has
the auditor's report. —— Woodward v.	been held insufficient; or who has con-
Chapman, 71.	tumaciously neglected to answer; or
Rule as to the time of filing exceptions	who has, on demurrer or plea, failed to
to an auditor's report, 74, note.	protect himself from answering, as the
Exceptions to an answer for scandal, im-	bill requires, — Buckingham v. Peddi-
pertinence, and insufficiency; the scan-	cord, 447.
dal and impertinence expunged, and a	The acts of assembly in relation to pro-
better answer filed. — Cheseldine v. Gor-	ceedings against non-resident, abscond-
don, 80.	ing, or contumacious defendants, con-
No one is a defendant to the suit against	sidered, 447.
whom no process is prayed. — Binney's	In all such cases the bill may be taken
case, 106.	pro confesso, or testimony taken, upon
A misnomer may be waived, but if relied	which the court pronounces the de-
on is fatal, 107.	cree; and if it has no jurisdiction,
The hearing cannot be postponed to let	must dismiss the bill, 447.
in a release to make a witness compe-	How discovery may be had when the bill
tent, or to remove any objection to a	may be taken pro confesso, 447.
witness of which the party was notified	An insufficient answer is as no answer;
at the examination. — Winder v. Diffen-	and therefore, upon such default, the
derffer, 192.	bill may be taken pro confesso and a
A cross examination no waiver of any	final decree passed, 447.
objection to a witness, 193.	A day may be appointed for deciding on
A decree cannot be opened and the case	an auditor's report. — Norwood v. Nor-
re-heard but upon good cause shewn.	wood, 478.
Meluy v. Cooper, 200.	Exceptions to an auditor's report which
In a creditor's suit the case may be sub-	are indefinite must be rejected, 481, 482.
mitted to obtain a decree for sale with-	No new exceptions can be taken to an
out having been set for hearing. —	auditor's report after those taken have
Campbell's case, 220; Hammond v.	been adjudicated upon, 482.
Hammond, 359. The parol does not demur in a creditor's	Where it becomes necessary to have the plaintiff's prochein ami examined as a
suit by reason of the infancy of a de-	witness, he may be discharged, and
fendant. — Campbell's case, 224; Ham- mond v. Hammond, 330, 344, 351; Wat-	another appointed in his place. — Helms v. Franciscus, 550.
kins v. Worthington, 519.	All questions as to parties must be finally