the first four juridical days in the next term to the Court to set it aside.

Where a rule to set aside proceedings is discharged, the party obtaining it has the whole of that day (ƒ) to take another step in the cause.

The general rule in cases of irregularity is, that the applicant must come promptly. (g)

17. Bail in error, to an higher court, (h) must, in order that it may be a supersedeas of execution, be put in within four days (i) after the final judgment is signed; or if allowed afterwards, then within four days (k) next after such allowance.

Where a bill of exceptions is tendered at the trial for misdirection, (1) the seal of the judge should be obtained to it before suing out of the writ of error. A writ of error to reverse a judgment can only be brought within twenty years (m) next after it was given. (n) If at this time the party bringing the writ was under the age of twenty-one years, a feme covert, in prison or beyond seas, he may bring the writ within five years (0)

(f) Vernon v. Hodgins, 4 Dowl. 654; 1 Gale, 384. (g) Rutledge v. Giles, 2 Tyr. 169.

(h) 3 Jac. 1, c. 8; 6 Geo. 4, c. 96, s. 1.

(i) R. E. 16 Car. 2, and E. 36 Car. 2, K. B.; R. M. 28 Car. 2, C. P.; Gravall v.. Stimpson, 1 B. & P. 478.

(k) 2 Saund. 101 h; Bennett v. Nicholls, 4 T. R. 121; Jaques v. Nixon, 1 T. R. 279; Blackburn v. Kymer, 5 Taunt. 672.

(1) Taylor v. Willans, 2 B. & Ad. 846; Dillon v. Parker, 1 Bing. 17; Williams v. Taylor, 6 Bing. 512.

(m) 10 & 11 Will. 3, c. 14, s. 1.

(n) Jaques v. Nixon, 1 T. R. 279; R. H. 4 Will. 4, (3). (0) 10 & 11 Will. 3, c. 14, s. 2.

next after the removal of such disability, or his first return from beyond seas. In all these cases the limitation must be pleaded to the assignment of errors, as the Court will not interfere on summary application, (p) though twenty-nine years have elapsed; for that would be to deprive the other party of the benefit of the statutable exceptions and disabilities; but, as in other cases, the statute having began to run, is not affected by a subsequent disability. (q)

The plaintiff in error must within twenty days (r) after the allowance of the writ of error get the transcript prepared and examined with the clerk of the errors, in the Court in which judgment was given, or else a non pros may be signed.

On error to a superior Court, the plaintiff in error must within eight days (s) after the writ and transcript annexed have been delivered to the clerk of the errors, assign errors, or a non pros may be entered.

Upon a demand (t) of joinder or of a plea to the assignment of errors, the defendant must, within twenty days afterwards, deliver a joinder, plea, or demurrer.

But in none of these cases (u) is the time between the 10th of August and the 24th of October to be reckoned.

(p) Higgs v. Evans,

Stra. 837; Rep. temp. Hardw. 345. (q) Lloyd v. Vaughan, 2 Stra, 1257; 1 Lev. 31.

(r) R. H. 4 W. 4, (10); Pitt v. Williams, 4 Dowl. 70; 1 H. & W.363; Dow v. Clark, 2 Dowl. 302; Salter v. Slade, 3 N. & M. 717.

(s) Sect. 11. On error coram nobis or vobis it is twenty days after allowance.

(t) R. H. 4 Will. 4, (13).

(u) Id.

Four clear days (v) before the day appointed for the argument, the plaintiff in error must deliver copies (x) of the judgment below and of the assignment of errors, and pleadings thereon, to the judges of the Queen's Bench, upon writs of error from the Common Pleas or Exchequer, (y) or on writs of error from the Queen's Bench to the judges of the Common Pleas; and the defendant in error must deliver copies to the other judges of the Exchequer Chamber; or in default (2) the other party may deliver additional copies, and require a deposit or payment for them before the party making default is heard.

On a plea to a writ of error that it is not brought within time, the form of the prayer of judgment is, that "the plaintiff in error be barred of his suit.” (a)

In the House of Lords the plaintiff in error must assign errors within eight days (b) next after the bringing in of the writ and the record there, or the House will award," that he lose his writ, that the defendant in error go without day, and that the record be remitted."

If the plaintiff in error sues out a certiorari it must be before in nullo est erratum pleaded; and he must prosecute this writ, and procure it to be returned within ten days next after the plea of diminution is put

(v) Best v. Prior, 2 Dowl. 189; Darker v. Darker, 2 Dowl. 88. (x) R. H. 4 Will. 4, (15).

(y) 11 Geo. 4 and 1 Will. 4, c. 70, s. 8; 1 Dowl. Stat. 373. (z) Best v. Prior, 2 Dowl. 189.

(a) Street v. Hopkinson, 2 Stra. 1055; Rep. temp. Hardw. 345. (b) Standing Orders, No. 54, 13th Dec, 1661.

in, or else the defendant in error may proceed as if no such writ of certiorari had been awarded.

Where the writ of error is brought into the House during the sessions, (c) the plaintiff and the defendant in error must deliver in their printed cases within a fortnight after the time limited by the House for the plaintiff in error to assign errors.

18. In the Palace Court (d) the commencement of the suit is not by the writ (e) but the plaint; (f) and in the Petty Bag Office, it is by the writ of attachment of privilege. (g)

The levying of the plaint (h) is, in inferior courts, not of record, as the County Court, the commencement (i) of the suit, and the general rules as to actions in superior courts apply. The limitation is the same in Manor (k) Courts, upon pleas of land, (1) for dower (m) or freebench. (n)

(c) Standing Orders, No. 178, 12th July, 1811, 22d June, 1829. (d) The King v. Stobbs, 3 T. R. 735.

(e) Letters patent, 16 Car. 2.

(f) Ward v. Honeywood, 1 Doug. 61. (g) 4 Inst. 79, 80; 1 Roll. 371, 1. 30.

(h) Mackalley's case, 9 Rep. 65; Cro. Jac. 279; Jenk. 291; Helliot v. Selby, Salk. 701; 2 Ld. Raym. 902; Williams v. Bagot, (Lord), in error, 3 B. & C. 772; 5 D. & R. 719.

(i) Com. Dig. tit. County; (Court).

(k) Rumsey v. Walton, cited in 4 T. R. 446; Holroyd v. Breare, 2 B. & A. 473.

(1) 3 & 4 Will. 4, c. 27, s. 36; Copyhold cases, Rep. 21. (m) F. N. B. 16; Lindsey v. Lindsey, 1 Salk. 291.

(n) Chapman v. Sharpe, 2 Show. 198; Lyndsey v. Dixon, 4

But the Statute of Limitations does not extend to the petition (o) of a copyholder suing to the lord of the manor on error for false judgment, or to a writ of false judgment (p) returnable in a superior Court.

Where in a case of ancient demesne, (q) the rights of the lord have not (r) been recognized within twenty years, they become extinguished.

The process in the inferior Court is good evidence (s) of the pendency (t) of the suit there.

The Statutes of Limitations apply to the uses and trusts of copyhold estates. (u)

Where the inferior Court is of record, and issue is joined within six weeks next after defendant's appearance, the process (certiorari) for removal must be delivered before (x) one of the jury is sworn; where it is joined after (y) that time, and the judge is a barrister of three years' standing, the writ must be delivered before issue or demurrer joined.

19. A trader, upon personal service of the affidavit

Rep. 29; Downes v. Hopkins, Cro. El. 323; Wheeler's case, Leon. 240; Lashmer v. Avery, Cro. Jac. 126.

(0) Moore, 68, plac. 185.

(p) Co. Lit. 60 a; Mich. 8 El. Rot. 136; F. N. B. 38.

(q) Hunt v. Burn, 1 Salk. 57; 1 Comyns, 97.

(r) 3 & 4 Will. 4, c. 74, s. 6.

(s) Leader v. Moxon, 3 Wils. 365; 2 W. Bla. 925.

(t) Britton, 138; Crompton on Courts, 133; Blackamore's case, 8 Rep. 157.

(u) Shaw v. Thompson, Moore, 410; plac. 559.

(x) 43 Eliz. c. 5, s. 2; Cox v. Hart, 2 Burr. 759; Smith v.

Sterling, 3 Dowl. 609; Laverack v. Bill, 6 Dowl. 111.

(y) 21 Jac. 1, c. 23, s. 2; Wait v. Combes, 6 Dowl. 127.