JUDGMENT

Wilson, J. - This is a suit on a promissory note. The plaintiff proved his case. The only defence suggested was one of limitation founded upon the following facts:

2. The note was made on the 4th of June 1873, payable three months after date. The plaint was filed on the 22nd of November 1873; no summons to appear was issued till 1878. On the 13th of September 1878 a Judge's order was obtained ex parte for the issue of a summons, and a summons was accordingly issued and served. The defendant contends, that in the interval between the filing of the plaint in 1873, and the issue of the summons in 1878, the suit became barred by limitation, and, that the order of the 13th of September 1878 could not revive it. If the first of these propositions is true, the second must, I think, follow. But I do not think the first proposition is true.

3. There are now, as there have long been, statutory provisions determining the time within which suits may be commenced,--that is to say, within which plaints may be filed; and there are statutory provisions, now applicable to this Court, as well as others, limiting the time for many proceedings in a, suit. But no time is limited by statute within