A TIME TABLE IN AN ACTION.

ACCOUNT, application for, where writ indorsed under Ord. III., r. 8, any time after the time for appearance has expired, by summons on affidavit, stating grounds of claim.

AFFIDAVITS, plaintiff's, filed, within fourteen days after consent to take evidence by affidavit, or within time fixed by consent or a judge.

defendant's within fourteen days of receiving list of plaintiff's or ditto. by plaintiff in reply, within seven days after such fourteen days, or ditto.

notice of cross-examination thereon, within fourteen days after time for filing affidavits in reply.

AMENDMENT of pleadings, without leave

of claim, once before reply.

or if no defence, within four weeks of last appearance.

of counter-claim, &c., once before pleading to reply, or if none, within twenty-eight days from defence.

By leave

within time named in order, or if none, within fourteen days of order, or as court or judge may allow.

Applications for leave to amend.

generally at any time, or at the trial.

to disallow amendment, within eight days of delivery of amended pleading.

APPEAL, generally within one year of entry of judgment, or by leave of Court of

Appeal.

from refusal of an ex parte motion within four days.

notice of, from final or interlocutory judgments, must be served fourteen days before.

from interlocutory order, four days before.

APPEARANCE, within eight days of service of writ, or before judgment. out of jurisdiction, within the time limited.

by person served with notice, within eight days of service. BILL OF SALE, to be registered within seven days of execution in Queen's Bench

CERTIFICATE OF CHIEF CLERK, summons to vary, within eight days of filing. mortgagor to redeem within six months from. CLAIM, when optional, delivered within six weeks of appearance, or by leave. when required, within five weeks from plaintiff's receiving notice.

COUNTER-CLAIM, put in with defence.

COUNTY COURT, removal to, in contract, by defendant before appearance, by either party after issue joined; in tort, application by defendant at any time on affidavit that plaintiff is unable to pay costs.

DEFENCE, within ten days of delivery of statement of claim, or if none required, within ten days after appearance.

puis darrein continuance, within eight days after matter arose, and by leave.

DISCONTINUANCE, any time before taking any step after defence put in; after that, by leave.

DOCUMENTS to be admitted, within forty-eight hours after notice.

order for production obtained any time pending action.

notice to inspect, must be given within two days of service of notice to produce, where all documents are set out in affidavit, or within four days where not so set out.

production of, within three days of serving such notice.

EVIDENCE closed, on expiration of time for plaintiff filing affidavits in reply.
EXECUTION, within six years of judgment or by leave.

when change in the parties by death, by leave.

against garnishee in default of appearance or payment into court, by leave.

by Fieri facias or Elegit, immediately after judgment.

writs of, remain in force for one year, or may be renewed within that time for a year.

INFANTS, motion to appoint guardian ad litem, after time for appearance and on six clear days' notice.

INQUIRIES, order for, at any time, by leave.

INTERLOCUTORY ORDERS, for custody of property, any time after plaintiff's

right appears from the pleadings, or by affidavit. for mandamus, injunction, or receiver, by any party, at any time.

for preservation or inspection of property, or sale of perishable property by plaintiff any time after writ issued and notice to defendant; by any other party, after appearance and notice to the plaintiff. for recovery of property detained by lien or as security, any time after right appears by the pleadings or by affidavit, on payment of money into court.

INTERPLEADER, after service of writ of summons.

INTERROGATORIES, in cases of fraud or breach of trust once without leave after

statement of claim or with or after defence.

or by leave of court or judge in any case.

application to strike out, within seven days after service. affidavit in answer, within ten days, or within such time as judge may allow.

JOINDER OF ISSUE, if reply is, within three weeks of delivery of last defence. if after reply, within four days of previous pleading.

JUDGMENT in default of appearance, to writ specially indorsed, eight days after

service.

when not specially indorsed, but claim is for debt or liquidated demand, after eight days from filing affidavit of service, and statement of particulars of claim.

or in default of defence.

summons for leave to enter on specially indorsed writ, returnable not less than four clear days after service.

setting down action or motion for, within one year from right to do so, or by leave.

motion for, by plaintiff, within ten days of trial.

by defendant, after ten days.

JUDGMENT, or by any party immediately after material issues have been deter

mined.

application to set aside, or for a new trial within eight days of trial if in London or Middlesex; if elsewhere, within seven days after the end of circuit.

if wrongly entered, or finding wrong, within four days of trial, or commencement of next sittings of divisional

court.

when party absent at trial, within six days of trial.

NOTICE OF MOTION, two clear days, except with special leave.

to appoint guardian ad litem, six clear days.

PARTIES, application to add to, or strike out, any time before trial, or at trial. to discharge or vary an order to carry on action in name of new, within twelve days from service of order.

PAYMENT of debt to stay proceedings, within four days of service of writ. if out of the jurisdiction, within time limited for appear

ance.

into court in satisfaction, any time after service of writ and before or with statement of defence.

acceptance, by plaintiff, within four days where paid in before defence. or before reply, where paid in with defence.

PETITION, service of,'two clear days before hearing.

REPLY, within three weeks of last defence.

SUMMONS, writ of, to be served within twelve months from date or six months from renewal.

endorsed within three days of service.

SUMMONS at Chambers to be served two clear days before return.

SECURITY FOR COSTS to be applied for as soon as facts are known and before taking fresh step in the action.

SERVICE OF PLEADINGS, NOTICES, &c., to be made before 6 p.m., or on Saturdays, 2 p.m.

TAXATION, in Common Law Divisions, notice of, one day.

TRIAL, notice of, ten days' full, 4 days' short.

if none by plaintiff within six weeks of close of pleadings, defendant may give, or may move to dismiss.

if not entered by plaintiff, in London cases by next day, defendant may do so within four days.

TIME computing, if not clear days, exclusive of first and inclusive of last, Sunday Christmas Day, and Good Friday not reckoned in periods of less than six days.

VACATION, LONG, not reckoned in time for filing, amending, or delivering pleadings, unless by leave of court or judge.

no pleading to be amended or delivered in same without leave. WITNESS to have forty-eight hours' notice of time and place of examination and

cross-examination.

597

APPENDIX.

MODE OF PROCEEDING, AND DIRECTIONS TO BE ATTENDED TO, AT THE EXAMINATION.

EACH candidate will (on entering the hall) have a number given to him, and will take his seat at the end of the table on which such number is placed.

On the first day the candidates will be required to answer questions (a) classed under the several heads of

1. Preliminary.

2. Principles of Law and Procedure, in two papers, viz. :—

(a) In matters usually determined or administered in the Chancery Division of the High Court of Justice;

(b) In matters usually determined or administered in the Queen's Bench Division of the High Court of Justice.

The answers to the preliminary questions, and to those contained in paper A. are to be brought up at One o'clock. The candidates may then

retire for an hour.

At Two o'clock, paper B. will be delivered to the candidates.

The answers to the questions contained in this paper are to be brought up at Five o'clock.

On the second day papers will be delivered to each candidate, containing questions in—

Optional.

3. Principles of the Law of Real and Personal Property, and the Practice of Conveyancing.

4. The Law and Practice of Bankruptcy.

5. Criminal Law and Practice-Proceedings before Justices of the Peace.

6. The Law Practice of the Probate, Divorce, and Admiralty Division of the High Court of Justice and Ecclesiastical Law

and Practice.

The answers to the questions contained in paper No. 3 (" Principles of the Law of Real and Personal Property") are to be brought up at one o'clock. The candidates may then retire for an hour.

(a) There are nominally fifteen questions in each of the three essential branches, and ten in each of the other branches, but they sometimes contain double that number. Vide questions at the Trinity Term Examination, 1859.

At two o'clock, papers Nos. 4, 5, and 6, will be delivered to the candidates.

The answers to these papers are to be brought up at Five o'clock.

Each candidate is required to answer all the Preliminary questions and also to answer in three of the other branches of the examination, viz.. papers (No. 2) A and B, and paper No. 3 (Real Property and Conreyancing.") The examiners will propose questions in "Bankruptcy." in "Criminal Law and Proceedings before the Magistrates," and on "Probate, Divorce, Admiralty, and Ecclesiastical Law," in order that candidates who have given their attention to these subjects may have the advantage of answering such questions, and the correctness of their answers in these departments taken into consideration in summing up the merit of their general examination.

The answers under the above-mentioned heads are to be written on one side only on separate papers for each head; and the answers to each paper should be written concisely in a plain and legible manner, and signed.

When the candidate has finished his answers in each paper, he will deliver them (tied up), together with his printed copy of the questions, to the secretary at the examiners' table, and he will exchange the ticket given on his entrance for another ticket which he is to give to the person at the door when he goes away.

After the examination has begun, no candidate is to leave the hall (without permission obtained from the examiners) until he shall have delivered in his answers; and any candidate who leaves the hall without permission will not be allowed to return.

No candidate will be allowed to consult any book during his examination, or to communicate with, receive assistance from, or copy from the paper of another; and in case this rule is discovered to be infringed, both such persons will be considered not to have passed their examination. (a)

At the top of the red ink ruled sheets for the answers is printed this recommendation: "You are requested to consider every question carefully before answering it, and to answer every part of it, and not to answer merely in the affirmative or negative, but to state the reason for your answer."

The examiners require the candidate to "answer the question as directly as he can; and after he has thus answered he may illustrate or enlarge upon his meaning, but a directly correct answer is all that is required by the examiners to ensure the full number of marks:" (From the Speech of Master Templar at the Hilary Term Examination, 1864.)

The greatest number of marks for any one answer is ten. Therefore, if the candidate answers all the fifteen questions he gets 150 marks. If he gets seventy-five marks in each of the three indispensable branches he will pass: (From the Speech of Mr. Cookson, at the Meeting of the Metropolitan and Provincial Law Association, held 1863.) But seventy-five marks is the lowest number taken.

A wrong answer will not be considered unfavourably if it displays an acquaintance with the subject. But this, of course, will depend upon the number of correct answers besides, for the examiners require a majority of

(a) The foregoing directions are laid down by the examiners, and a printed copy is given to each candidate on commencing his examination.