The rule, that a term’s notice of trial after a cause has slept four terms, explained.
By the Court and all the clerks. The meaning of the rule, that ‘after a cause has slept four terms after issue joined, there must be a term’s notice of trial’ is, that there shall be some actual proceeding within the four terms ; for a proceeding actually out of the four terms, though, by acceptation of law, it may be within the four terms, is not enough : as if a venire facias be taken out in the vacation after the fourth term, tested, aa it must be, in term, so that in consideration of law it is of that term; yet because in fact it was after, it is no such proceeding as to bring the party out of the necessity of giving a term’s notice.
Citations:
[1794] EngR 1005, (1794) 6 Mod 57, (1794) 87 ER 818 (B)
Links:
Litigation Practice
Updated: 02 May 2022; Ref: scu.369937
