case anonymous if after issue join no proceed by the plaintiff he have for  four term the defendant be entitle to a term notice of trial and the term in  which the issue be join be inclusive but notice at any time within the year  though countermand be a proceed within four term note it be a rule of the  court that if issue be join four term and no proceed thereupon by the  plaintiff there ought to be a term notice before trial a case happen that  issue be join in Trinity term and notice of trial in Hilary term but it be  afterward countermand and a new notice give in the Trinity term after and the  issue try at the assize and it be now move to set aside the verdict as  irregular obtain the first question be whether the term of which issue be join  shall be reckon one of the four term for if it shall this trial be irregular  in case the notice in Hilary term be not to be look upon as a proceed then the  trial have be irregular and as such ought to be set aside and per clergyman  all men the term of which the issue be join be not to be reckon one of the  four term and per the same notice of trial any time within the year though  after countermand be a sufficient proceed to bring the plaintiff out of the  rule for the end of the rule be that the defendant shall be put in mind of the  cause which a notice though countermand do see Milbourne v Nixon and other  term Rep a it be also hold by the court and the clerk that the right and  ancient course be that if the assize happen within fourteen day after term  fourteen day notice be not requisite but that where it can be it ought to be  that be where the assize do not happen within fourteen day but it be agree now  that they use to give but eight day notice of trial though the cause lie ever  so remote the court say this be very mischievous and therefore it be order to  observe the old rule if a cause sleep four term before issue join there must  be a term notice before judgement can be sign if after issue join there must  be like notice before trial but to make the notice regular within the four  term it must be within the last term to sit curian