CHAPTER IX. ANSWERS IN CHANCERY. THE following practical directions, relating to the preparation and mode of taking answers, are principally taken from a very useful work on Chancery Practice." "In preparing the instructions for answers," says the writer of that work, "a distinct answer should be given to each interrogatory, and to every part of each interrogatory, showing whether the fact be as alleged or not, or whether the defendant knows it or not, or whether he believes it or not; and any new fact necessary to explain it, or qualify it, may be stated, but particular care should be taken to show what answer is to be given to each interrogatory, and any statement of facts not contained or alluded to in the bill necessary to the proper understanding of the defendant's case, should be separately written out; and if there be any material deeds or documents necessary to be seen by counsel, copies of them should accompany the instructions. It is a bad practice to send original documents for this purpose, as they are liable to be lost. In all cases where it is possible, the instructions for answer should be taken from the defendant's own mouth, for, where that is not done, it is often necessary to alter the answer after it has been drawn by counsel," which occasions an additional expense to the client of a fee • Gray's Country Solicitor's Chancery Practice. to counsel for revising it; "and where the draft of an answer is altered in the country, and counsel does not again see it till after it has been filed, it often happens that those statements he has not seen interfere greatly with his view of the case, and he finds that the answer has been put in a very different way from what he would have drawn it had he been aware of those facts at the time he did so. When this happens, (and it is not unfrequently,) it often operates greatly to the prejudice of a defendant's case. In some instances, it even occasions his total failure in the cause, and as a general rule, no material alterations in an answer should be made after it is drawn, without laying it again before counsel to approve of them." Any person, whether a solicitor or not, may be appointed a commissioner to take an answer. The plaintiff is entitled, if he choose, to have a commissioner of his own nomination present at the taking of the answer. Where several defendants join in one answer, and cannot meet at one time and place, two commis. sioners should be named residing at each place where a defendant resides, and one commissioner should travel from place to place to take the answer of each defendant, and when all the defendants have been sworn to the answer, that commissioner delivers it to a messenger to bring to London in the usual way. If the plaintiff has joined in commission, it will appear, from the label to the dedimus, to which of the plaintiff's commissioners the notice of taking the answer is to be given, and such notice should be given at least six days before the time appointed; and at the time appointed, the plaintiff's commissioner has a right to read the answer if he chooses. Two of the commissioners must be present at the taking of the answer, and the fees of two only will be allowed. The answer having been engrossed and signed by the defendant, (and a conscientious com missioner will carefully read it over to him, particularly if he be illiterate, and must do so if he be a marksman,) they proceed to take it in this manner: One of the commissioners takes the answer, and asks the defendant if he has read, or heard read, that his answer [or answer and plea,] or [answer and demurrer, or plea and demurrer,] or [plea, answer, and demurrer, as the case may be,] and whether he exhibits it as his answer or plea, &c., as before to the bill of complaint of A. B., (the plaintiff.) The defendant answers in the affirmative, and one of the commissioners then administers to him the oath in the following form: true. "You swear that what is contained in this your answer, [or plea, or plea and answer,] as far as concerns your own act and deed, is true of your own knowledge, and that what relates to the act and deed of any other person or persons you believe to be So help you God." If the defendant be a peer or peeress, the answer is not taken upon oath, but on protestation of honour, which may be administered in this form: " My Lord, so much of this your answer, as concerns your own acts or deeds, you wage your honour to be true, and so much as concerns the acts and deeds of any other person or persons you believe to be true." The caption of the answer, after it has been sworn to, must be written and signed by the commissioners. It is usually written at the foot of the answer; they must then indorse a return on the dedimus in the following words: "The execution of this commission appears in a certain schedule [or schedules, if more than one skin] hereto annexed;" and they must both sign their names to this return: The answer, when taken, must be annexed to the dedimus, and the whole folded up together in a convenient size and form, so as to leave out the label of the dedimus. It should then be bound round with tape, at the crossings of which the commissioners affix their seals; they then inscribe their names in the vacant spaces. Each commis sioner is entitled to a fee of thirteen shillings and fourpence for taking the answer; the answer thus taken may be brought to the Six Clerks' office, by one of the commissioners, or sent up by a messenger, to whom it must be delivered by one of the commissioners who has taken it, and the messenger must know from whom he received it, and must keep it in his possession till he is sworn in London. The formal parts of the conclusion of most answers are the denial of combination, and the general traverse. As they are only referred to in the drafts prepared by counsel, the forms are here given at length. And this defendant denies [or, these defendants deny] all and all manner of unlawful combination and confederacy, wherewith he is [or they are] charged by the said bill. Without this, that there is any other matter, cause, or thing, in the said complainant's bill of complaint contained material or necessary for this defendant [these defendants] to make answer unto, and not herein and hereby well and sufficiently answered, confessed, traversed, and avoided, or denied, is true, to the knowledge or belief of this defendant, [these defendants.] All which matters and things this defendant is [these defendants are] ready and willing to aver, maintain, and prove, as this honourable court shall direct, and humbly prays [pray] to be hence dismissed with his [their] reasonable costs and charges in this behalf most wrongfully sustained. [Copy of Counsel's signature.] [Defendant's signature.] CHAPTER X. Parties. Recitals. Witnessing part. APPOINTMENTS. An Appointment, by a Feme Covert, of Stock in the THIS indenture, made, &c., between A. B., wife of |