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complained of, as having been done in exercise of any alleged right, he shall serve a notice to that effect, defining therein such alleged right, on the plaintiff two clear days before the return day, which notice shall be in the form in the schedule hereto.
7. Any defendant in an equity suit may, six clear days before the return day, serve on the plaintiff a statement disclaiming any interest in the subject-matter of the suit, or admitting or denying any of the statements in the plaintiff's Civil Bill, or raising any question of law on such statements, without admitting the truth thereof, or he may therein state concisely any new fact or document on which he intends to rely as a defence, or which he intends to bring to the notice of the Court.
8. Where in any equity suit a defendant intends to rely upon payment made by him into Court, he shall give notice thereof to the plaintiff at least three clear days before the return day.
9. The Judge, in exercising his discretion as to costs, may consider the fact of a defendant having or not having availed himself of such of the powers given by the preceding rules of this order as were available to him.
Order V.
Interpleader by Defendant in Action by Assignee.
1. When the defendant in an action brought by the assignee of a debt or chose in action has had notice that the alleged assignment is disputed by the assignor, or by anyone claiming under him, or has had notice of any other opposing or conflicting claim to such debt or chose in action, he may, at any time not less than three clear days before the return day, serve upon the assignor disputing such assignment, or the person claiming under him, or upon the person making such opposing or conflicting claim, & summons, according to the form in the schedule, return- able to the same sessions, and the Judge shall hear the case of the defendant and of the plaintiff in the action and of the assignor disputing such assignment, or of the person making such opposing or conflicting claim, and shall make such decree or decrees therein as shall finally determine the rights and claims of all parties.
2. The summons mentioned in the last preceding Rule shall be served, entered, and heard in the manner prescribed in reference to ordinary Civil Bills.
Order VI.
Service and Return of Process.
1. When any defendant in any Civil Bill process keeps his house, residence, or place of business closed, or temporarily abandons the same, so as to prevent the ordinary service of process, it shall be sufficient service to post a copy of such