(s) Isle of Wight, for Juvenile Offenders, 1 & 2 Vict. c. 82, s. 16. (t) 1 Vict. c. 18, s. 59. (u) Id. c. 17, s. 75. (x) 6 & 7 Will. 4, c. 78, s. 3. (y) Wilkes v. Hungerford Market Company, 2 Bing. N. C. 284. (z) 1 & 2 Vict. c. 43, s. 78. (a) 1 Vict. c. 7, s. 36. (b) 6 & 7 Will. 4, c. 76, s. 26. (c) 4 & 5 Will. 4, c. 76, s. 104. (d) 1 Vict. c. 36, s. 46. (e) 5 & 6 Will. 4, c. 25, s. 30. (f) 6 & 7 Will. 4, c. 54, s. 27. Hackney carriages. (g) Three Months. Customs. (h) The time runs from the actual seizure (i) or boarding the vessel. (k) Excise. (h) The act extends to officers and others acting in their aid. (m) Two Calendar Months. Merchant seamen. (n) In ejectment the only plea is the general issue; and under it any defence arising upon any (o) of the statutes of limitation may be relied on. The lessor of the plaintiff in support of his case must make out a title within (p) the limitation; but it is sufficient if he makes out a title for twenty years, (q) if against a party not affected by any exceptions or disabilities. 2. In other cases the Statute of Limitations must be relied on by plea; and this is necessary, even though upon the face of the proceedings the action appears prima facie to be out of time; (→) and the lapse of even (g) 1 & 2 Vict. c. 79, s. 31. (h) 28 Geo. 3, c. 37, s. 23. (i) Godin v. Ferris, 2 H. Bla. 14; Saunders v. Saunders, 2 East, 254; Parsons v. King, 7 T. R. 6. (k) Crooke v. M'Tavish, 1 Bing. 307; 8 J. B. Moore, 265. (m) Hendry v. Biers, 2 D. & R. 9. (n) 4 & 5 Will. 4, c. 52, s. 35. (0) 2 Saund. 63 b, n. (i). (p) Stoker v. Berny, 1 Lord Raym. 741. (q) Stokes v. Berry, Holt, 264; 2 Salk. 421. (r) Hawkey v. Borwick (in error), 1 Y. & J. 378; Kirkman v. Siboni (in error), 4 M. & W. 339. twenty years from the time of making a contract to be performed in futuro, is not of itself evidence of a new contract averred to have been performed, and pleaded as an accord and satisfaction of the original contract. (s) The plea (t) of the Statute of Limitations is an issuable (u) plea, special, (x) and in confession and avoidance of a right of action (y) once vested; and therefore cannot refer to "the said supposed debt, if any such there be." (z) It must conclude with a verification, (a) and have counsel's signature thereto. (b) When it is pleaded jointly with any one or more of the following pleas, (c) non assumpsit, nil debet, never was indebted, tender as to part, bankruptcy of the defendant, his discharge under the Insolvent Act, plene administravit, plene administravit præter, infancy, or coverture; the masters will at once draw up a rule for the defendant to plead several matters (d). In other cases a judge's order for such a rule must be obtained. (e) 3. The replication when merely in denial concludes to the country, and does not (f) require counsel's hand; (s) Kirkman v. Siboni, 4 M. & W. 339. (t) Merceron v. Merceron, 5 Dowl. 271. Form of, see Appendix. (u) Drinkwater v. Claridge, H. 27 Geo. 3, (C. P.) (x) R. H. 4 Will. 4, assumpsit. (y) Hallett v. Birt, 12 Mod. 121; Stephen on Pl. 185. (e) R. T. 1 Will. 4, (13); Hockley v. Sutton, 2 Dowl. 700. the writ of summons being now the commencement (g) of the action, the replication does not set out any process; except on a removal of an action from an inferior court, in which case it shows (h) the suit below commenced within the six years, and which is a valid answer (i) to the plea. Where the replication relies on some special matter (k) in answer, and therefore concludes with a verification, (1) it must have counsel's (m) hand thereto. Where one or more (n) of a greater number of defendants is alone shown to have become liable, after the limitation expired, the plaintiff may take a verdict and the costs (o) against such defendant or defendants, as the case may be. (g) 1 & 2 Vict. c. 110, s. 2. (h) Matthews v. Phillips, 2 Salk. 424; 2 Show. 79, 126; 1 Lev. 143; 5 Mod. 426. (i) Spencer's case, Rep. 9; 2 Saund. 63 e; Story v. Atkins, 2 Ld. Raym. 1427; Salk. 424; Doct. pl. 170. (k) Ewer v. Jones, 6 Mod. 26; Cheveley v. Bond, Holt, 427. (1) Bradburn v. Kennerdale, 3 Mod: 318. (m) Tidd's Pr. ch. 29; and see R. H. 2 Will. 4, (107). (n) 9 Geo. 4, c. 14, s. 2, Appendix. (0) Sect. 8. 1. IN legal proceedings a month means a lunar (a) month of twenty-eight days. Where any particular number of days not expressed to be clear days (b) is prescribed by the rules or practice of the Courts, they are reckoned exclusively of the first day and inclusively of the last, unless that happens on a Sunday, Christmas Day, Good Friday, or public fast, or thanksgiving day, in which case the time is to be exclusive of that day also. "Until" is inclusive of the day to which it is prefixed. (c) In computing the time of credit upon (a) Tullett v. Linfield, 3 Burr. 1455. (b) R. H. 2 Will. 4, (viii.). (c) Dakins v. Wagner, 3 Dowl. 535; 2 Dowl. 674. |