a mercantile contract, the day on which the contract was made is to be excluded from the reckoning. (d) The month required to elapse after the delivery of his bill before an attorney can commence an action must consist of twenty-eight days exclusively of both the day of delivering the bill and commencing the action. (e)

All rules, orders, and notices must be served before (f) nine o'clock at night.

Declarations in ejectment must be served before (g) the first day of the term, in order to compel an appearance in or as of that term.

And an affidavit in order to ground a writ of capias (h) must be made within one (i) year before applying for the order.

No declaration or other pleading (k) upon actions commenced (1) in the superior courts, can be delivered between the 10th day of August and the 24th day of October.

2. Within three months (m) from the date of articles of clerkship, an affidavit as to their execution, date, the names of the attorney, and clerk, and their places

(d) Webb v. Fairmaner, 6 Dowl. 549; 3 M. & W. 473. (e) Blunt v. Heslop, 3 N. & P. 554.

(f) R. H. 2 Will. 4, (50); R. E. T. 10 Geo, 2, (C, P.); Edmunds v. Cates, 4 M. & W. 66; 6 Dowl. 667.

(g) R. T. 1 Will. 4, (11); Doe v. Roe, 1 D. & R. 563.

(h) 1 & 2 Vict. c. 110, s. 3.

(i) Doe d. Clarke v. Stilwell, 3 N. & P. 701; 2 Jurist, 591. (k) 2 Will. 4, c 39, s. 11.

(1) Sect. 19.

(m) 22 Geo. 2, c. 46, ss. 3, 5, 6; or by the annual Indemnity Act, before the time therein limited; Ex parte Joy, 3 Dowl. 342.

of abode must be filed in the office of the masters of the Court, and upon an assignment of them, a like affidavit must be so filed within three months afterwards.(n)

Within six months after the execution of the articles they and an affidavit as to their execution must be enrolled and filed. (0)

The articled clerk can only serve for one (p) year with the agent; and for the same period as a pupil with a practising barrister or certificated special pleader; but he cannot do so in this latter case, unless (r) he was bound for five years.

3. An attorney upon his admission must take out his certificate to practise within (s) the year, or he cannot practise (t) without a re-admission.

An application to strike him off the roll, either for a defect (u) in his service under articles, or even for a total (v) want of service, must be made within one year next after his admission, and in term time. (x)

(n) Sect. 9; Richard Carter's case, 2 W. Bla. 957.

(0) 34 Geo. 3, c. 14, s. 2; Ex parte Pilgrim, 1 B. & C. 264; 2 D. & R. 429; Ex parte Clarke, 3 B. & A. 610; Ex parte Chapman, 3 Dowl. 562; Ex parte Beckendin, 1 H. & W. 193.

(p) R. T. 31 Geo. 3; 2 Geo. 2, c. 23, s. 5; 22 Geo. 2, c. 46, s. 8; R. T. 31 Geo. 3, cited in 4 T. R. 379.

(r) 1 & 2 Geo. 4, c. 48, s. 2.

(s) 37 Geo. 3, c. 90, s. 26; Slack v. Wilkins, 1 C. & M. 23. (t) Id. 31; Wilton v. Chambers, 2 N. & P. 392; 2 Jurist, 93; Ex parte Nicholas, 6 Taunt. 408.

(u) 1 Vict. c. 16, s. 8.

(v) Re

, gent. one &c. ; 2 B. & Ad. 766; 1 Bing. 160. (x) Ex parte Owen, 1 Dowl. 511; Rex v. Walsh, 1 Jurist, 559.

The Courts will not re-admit (y) an attorney who has been off the roll for upwards of thirty years.

4. A tender must be made before the writ of summons is issued; (2) when it is applicable to the debt(a) admitted to be due; or of amends (b) by a justice, or in an action as to a distress for rent, (c) or as to involuntary trespasses by cattle, (d) or for matters arising upon a distress for poor-rate. (e)

5. The motion for judgment against the casual ejector must, in town causes, be made within (ƒ) the term mentioned in the notice. In country cases it may be made during the next term. (g) Where the right of entry accrues in or after Hilary or Trinity terms (h) the landlord may within ten days serve a declaration in ejectment.

(y) Ex parte Billings, 5 Dowl. 395; 1 Chit. Rep. 558.

(z) Briggs v. Calverley, 8 T. R. 629; Moffat v. Parsons, 5 Taunt. 307; 1 Marsh. 55; Wood v. Newton, 1 Wils. 141.

(a) Poole v. Crampton, 5 Dowl. 468; 2 M. & W. 223.

(b) 24 Geo. 2, c. 44, s. 2; Cashbourn v. Ball, 2 W. Bla. 859.

(c) 11 Geo. 2, c. 19, s. 20; 1 Bro. Ent. 332.

(d) 21 Jac. 1, c. 16, s. 5, Appendix; Basely v. Clarkson, 3 Lev. 37; Bailee v. Vivash, 1 Stra. 549; Allen v. Bayley, in notis, Lutw. 1596; Martin v. Kesterton, 2 W. Bla. 1089.

(e) 17 Geo. 2, c. 38, s. 10.

(f) Doe d. Davis v. Roe, 6 Dowl. 461; 2 Jurist, 944.

(g) Doe v. Roe, 1 Dowl. 495; Doe v. Roe, 2 Tyr. 724; Doe v. Roe, 2 Dowl. 196; Doe v. Roe, 3 Ib. 575; Doe v. Roe, 1 Har. & W. 218; Doe v. Roe, 6 Dowl. 270; Doe v. Roe, 1 Gale, 15; Doe v. Roe, 5 Dowl. 662; Doe d. Barth v. Roe, 4 Bing. N. C. 675.

(h) 11 Geo. 4 and 1 Will. 4, c. 70, s. 36; Doe v. Roe, 1 Dowl. 547; Doe v. Jessop, 3 B. & Ad. 402.

A motion to plead "ancient demesne" must be made within (i) the first four days of the term in which the tenant in possession is called on to appear.

An affidavit of more than a year old cannot be used in moving for a rule, in a case in which the lapse of time affects the matters of the affidavit. (k)

6. A writ of summons (1) is in force only for four calendar months (m) from its date, including the day of its date.

The time limited for the defendant to pay the debt and costs indorsed on the writ, is four days (n) after service.

Upon a service of the process on the defendant the day of the week and month must be indorsed on the summons within three days (o) after the service.

An application to set aside the process for irregularity must be within the time for entering an appearance. (p)

7. Where a levy is effected under a writ of distringas, an appearance must be entered by the defendant within (q) eight days after its return; where non est inventus and nulla bona are returned he has the like time. (r)

(i) Goodtitle v. Thrustout, 2 Barnes, 187, 188.

(k) Doe d. Clarke v. Stilwell, 3 N. & P. 701; 2 Jurist, 591. (l) 1 & 2 Vict. c. 110, ss. 1, 2.

(2.) 2 Will. 4, c. 39, s. 10; Richardson v. Daly, 2 Jurist, 946. (n) R. H. 2 Will. 4, (2); Dowditch v. Slaney, 4 Dowl. 140. (0) R. M. 3 Will. 4, (3); Brooke v. Edridge, 2 Dowl. 647. (p) Child v. Marsh, 3 M. & W. 433; 6 Dowl. 576.

(q) 2 Will. 4, c. 39, ss. 3, 16, Sched. No. 3; Page v. Hemp, 4 Dowl. 203.

(r) Sect. 8; Copeland v. Nevill, 5 N. & M. 172; 1 H. & W. 374;

If the defendant does not enter an appearance, the plaintiff has then a right to do so under the statute (s) and rule of Court; (t) and he may do so at any time while (u) the action is in Court.

Upon a service on the defendant he must enter an appearance within (x) eight days, and including the day of the service; unless it be Sunday, Christmas Day, or any other day appointed for a public fast or thanksgiving; (y) but if the last of such eight days happen between the Thursday before and the Wednesday after Easter day, then the latter day is to be considered as the last of such eight days.

Conusance of the plea (z) in the action, whether by the University of Oxford, (a) or of Cambridge, (b) or by the owner of a franchise, (c) must be demanded before declaration.

8. On a removal of a cause from an inferior Court,

Balgay v. Gardner, 2 Dowl. 52; Scarborough v. Evans, 2 Dowl. 9; Cornish v. King, Id. 18.

(s) 12 Geo. 1, c. 29, s. 1; Dean v. Day, 2 Jurist, 808.

(t) R. M. 3 Will. 4, (3).

(u) Smith v. Painter, 2 T. R. 719; Davis v. Hughes, 7 T. R. 206; Bugden v. Burr, 10 B. & C. 457; Liddle v. Cranch, 5 Dowl. 662; Cook v. Allen, 1 Dowl. 676.

(x) 2 Will. 4, c. 39, Sched. No. 1, s. 2; Willett v. Wilson, 2 C. & J. 356; Strange v. Freeman, 5 Dowl. 407.

(y) Sect. 11.

(z) 1 Roll. Abr. 489, 490; Bac. Abr. Pleas E. 1, Courts, D. 3. (a) Williams v. Brikenden, 11 East, 543; Thornton v. Ford, 15 East, 634.

(b) Brown v. Renouard, 12 East, 12.

(c) Bac. Abr. Courts, D. 3; Hardres, 509.