as in replevin, the proper time for the defendant to obtain a rule for the the plaintiff to declare is within (d) four days after the end of the term in which the writ for the removal was returnable. In other cases the defendant may, after the end of the next entire term after the service of the summons, demand (e) in writing a declaration; and the plaintiff must, unless he obtains further (f) time to declare, do so within four days (g) after such demand; and at the end of such further time (h) if it is allowed; and even though there is not such a demand or time allowed, yet if he does not declare within one year next after the process was served, (i) the action is out of Court. (k)

An application by the defendant to have the declaration for a misnomer (1) amended at the expense of the plaintiff, must be made within the time limited for the defendant to plead in abatement.

An application to change the venue on the ordinary grounds (m) must be made before (n) plea, and before

(d) R. H. 2 Will. 4, (37, 38).

(e) Barnes v. Gearing, 2 Mod. 217; Ca. Prac. 29.

(f) Richardson v. Pollen, 1 Hodges, 75.

(g) R. T. 1 Will. 4, (8); Teulon v. Gant, 5 Dowl. 153.

(h) Towers v. Powell, 1 H. Bl. 87; 2 T. R. 258, n.

(i) R. H. 2 Will. 4, (35); Sykes v. Bauwens, 2 N. R. 404; Penny v. Harvey, 3 T. R. 123; Sherson v. Hughes, 5 T. R. 35; West v. Radford, 3 Burr. 1452; Orley v. Lee, 2 T. R. 112. (k) Cooper v. Nias, 3 B. & A. 271.

(1) 3 & 4 Will. 4, c. 42, s. 11; Hinton v. Stevens, 1 H. & W. 521; Moody v. Aslett, 3 Dowl. 486.

(m) R. H. 2 Will. 4, (103); R. T. 49 Geo. 3, K. B.

(n) Herbert v. Flower, Barnes, 492; Talmash v. Penner, 3 B. & P. 12; Smith v. Walker, 2 Moore, 64; Wigley v. Dubbins, 4 Bing.

18.

obtaining an order for time to plead, on the terms of taking short notice of trial. (n)

9. The time for pleading in abatement, (o) or for pleading by an attorney in Q. B., (p) is four days only. In other cases, where the venue is in London or Middlesex, and the defendant resides within (g) twenty miles from London, it is four days. But if he resides beyond, (r) or the venue is elsewhere, there are eight days. Where the defendant pleads payment of money into court, (s) and the plaintiff accepts it in satisfaction (t) and discharge of the demand, in respect of which it was paid in; the costs must be paid within forty-eight hours after they are taxed, or the plaintiff may sign final judgment. If the defendant set out in his plea a deed with a Profert, and the plaintiff craves oyer of it; it must be given within (u) two days, or judgment may be signed as for want of a plea.

On a demurrer, if a joinder is demanded, the opposite party must (a) within four days join in demurrer,

186;

(n) Shipley v. Cooper, 7 T. R. 698; Quin v. Taylor, 1 Bing. Tonks v. Fisher, 2 Dowl. 22; Haythorn v. Bush, Id. 240. (0) Ryland v. Wormald, 5 Dowl. 581; 2 M. & W. 393; Lee v. Carlton, 3 T. R. 642; R. H. 2 Will. 4, [VIII.]

(p) Lowder v. Lander, 5 Dowl. 684; Brenton v. Lawrence, Id. 506; Mann v. Fletcher, 5 T. R. 369.

(q) R. H. 11 Geo. 2, r. 3.

(r) R. M. 10 Geo. 2, 1736; T. 22 Geo. 3, 1782; 1 M. & S. 566. (s) R. Trin. 1 Vict. (1.)

(t) S. (2); Emmett v. Standen,

Dowl. 591; 3 M. & W. 497.

(u) Page v. Divine, 2 T. R. 40; Barnes, 245.

(x) R. H. 4 Will. 4, (3); Vernon v. Hudgins, 4 Dowl. 665.

D

or judgment may be signed. Four clear (y) days before the day appointed for the argument, (~) the plaintiff must deliver two copies of the demurrer books to the chief and senior puisnè judge, and the defendant must do the like to the two junior puisnè judges; or in default, the opposite party may on the next (a) day deliver them.

On a discontinuance by the plaintiff after plea (b) in bar pleaded, he must, to prevent a non pros, pay the costs within four days after taxation. (c) An application to bring back the venue should in a common case be made before replication. (d)

On a rule to reply, (e) the plaintiff must do so in four days, (ƒ) and the same rule holds as to a rule to rejoin, (g) unless the defendant is under terms to rejoin gratis," in which case he must do so within (h) twenty-four hours after demand.

Where a matter of defence arises after the commencement of the action, it may be so (i) pleaded: the

(y) Rex v. Justices of Herefordshire, 3 B. & A. 581; Zouch v. Empsey, 4 B. & A. 522.

(2) R. H. 4 Will. 4, (7); Darker v. Darker, 2 Dowl. 88. (a) Fisher v. Snow, 3 Dowl. 27; Sandall v. Bennett, 4 N. & M. 89.

(b) Cooper v. Holloway, 1 Hodges, 76.

(c) R. H. 2 Will. 4, (106.)

(d) Dickinson v. Fisher, 2 Stra. 858.

(e) R. H. 2 Will. 4, (53, 54); Seaton v. Shey, 3 Dowl. 537; Pound v. Lewis, 2 Dowl. 744; 2 M. & Scott, 210.

(f) Driver v. Blackway, M. 1829, MS.

(g) Sellon's Practice, vol. i. p. 368.

(h) Clark v. Adams, 2 Tyr. 755; Jones v. Key, 2 Dowl. 265. (i) Lovell v. Eastaff, 3 T. R. 554; Alder v. Park, 5 Dowl. 16; 2 Har. & W. 78; 7 C. & P. 537.

form is, that it arose after (k) the last pleading, or the issuing of the jury process, as the case may be; and it must, when after a plea, be accompanied by an affidavit that the matter of defence arose within eight days next before.

10. If a party to the action is required to make admission as to the evidence at the trial of documents, he must do so (1) within forty-eight hours, or he is liable to be summoned before a judge for the purpose of compelling such admission.

11. Where a cognovit actionem is given by a defendant; in order to affect assignees in case of bankruptcy, (m) or a petition for a discharge, (n) a true copy of it (o) and an affidavit of the time of execution must within twenty-one days be filed with the masters. The same

rule applies as to warrants of attorney. (m)

12. In replevin (p) a rule for a special jury (q) must be obtained six days before the day to which the notice of trial refers.

In London (r) and Middlesex the rule for a special jury must be served, and the cause entered as such in the marshal's book before the adjournment day.

(k) R. H. 4 Will. 4, (20); 1 Dowl. 457.

(1) S. 20; 1 Hodg. 96; 3 Dowl. 810.

(m) Hurst v. Jennings, 5 B. & C. 650; 8 D. & R. 424;

v. Gray, 1 Dowl. 350.

(n) 3 Geo. 4, c. 39, s. 3; 1 Will. 4, c. 7, s. 7.

(o) 1 & 2 Vict. c. 110, s. 60.

(p) R. H. 1838.

(q) 6 Geo. 4, c. 50, s. 30.

(r) R. H. 44 Geo. 3, K. B.; R. T. 52 Geo. 3, C. P.

Green

The special jurors must, in country causes, be summoned three days (s) before that appointed for the trial.

13. Where by the judge's order the writ of trial is to be directed to the judge of the sheriff's court of London, the writ must be left at the office in Whitecross-street four days (t) before the day appointed for trial.

In a town cause where issue is joined in Michaelmas term, though notice of trial is not given, yet judgment as in case of a nonsuit may be moved for in the following Easter term (u). In a country cause (x) where issue is joined within a term, the defendant may, after another term and an assizes pass, move for judgment as in case of a nonsuit, but where issue is joined after a non-issuable term, the motion cannot be made until the next non-issuable term. (y)

In a town cause where the defendant lives within forty miles from London, (≈) notice of countermand of trial and inquiry (a) and of continuance (b) of notice of trial or inquiry (c) must be given two days exclu

(s) 6 Geo. 4, c. 50, s. 25.

(t) General notice [1839]. By the judge.

(u) Pierson v. Chessum, 6 Dowl. 507.

(x) Evuns v. Barnard, 3 M. & W. 276; 6 Dowl. 367; Robinson

v. Taylor, 5 Dowl. 513; Apperley v. Morse, 6 Dowl. 505.

(y) Harrison v. Williams, 6 Dowl. 772.

(8) Butler v. Johnson, Barnes, 301.

(a) R. H. 2 Will. 4, (62); King v. Jones, 1 Dowl. 640.

(b) Price v. Bainbridge, Barnes, 297; Whitlock v. Humphreys,

2 Stra. 849, 1073; Cas. tem. Hardw. 369.

(c) Stewart v. Abraham, 2 Dowl. 709; Wardle v. Acland, Id. 28.