And be it further enacted, That the Lord Ordinary shall, in every Instance, on due Consideration of the Circumstances, fix the Time within which such Condescendences and Answers shall be lodged, and such Time shall not be prorogated, except on Payment of the Expences previously incurred, unless before the Lapse of the Time so fixed special Application shall be made for such Prorogation, nor shall the Prorogation in any Instance be granted, except on Cause shewn, nor oftener than once ; and if the Party shall fail to lodge his Condescendence or Answers, as the Case may be, within the Time originally fixed, or afterwards prorogated, the Lord Ordinary may hold the Summons or Defences for such Party as his Condescendence or Answers, finally fixing the Averments in point of Fact, on which he founds.