two years, after that year ended, and if any action, suit, bill, indictment or information for any offence against any penal statute made or to be made, except the statute of tillage, shall be brought after the time in that behalf before limited, that then the same shall be void and of none effect.

S. 6.-Provided always, that when any action, in- Actions, inforformation, indictment or other suit, is or shall be limited mations, &c. limited by by any statute penal, to be had, sued, commenced or some statutes brought within shorter time than is afore rehearsed; that to be sued in every such case the action, information, indictment, or other suit, shall be brought within the time limited by such estatute. (n)

43 ELIZ. C. 5.

"An Act to prevent Perjury, and subornation of Perjury, and unnecessary Expenses in Suits of Law."

within a shorter time.

a writ to re

an inferior

officer of the

S. 2.-No writ or writs of habeas corpus, or any other At what time writ or writs sued forth or to be sued forth by any per- move a suit son or persons whatsoever, out of any of her Majesty's depending in Courts of Record at Westminster, to remove any action, court shall be suit, plaint, or cause, depending or to be depending, delivered to in any court or courts, within any city or town cor- the judge or porate, or elsewhere, which have or shall have juris- same court. diction, power or authority to hold plea in any action, plaint or suit, shall be received or allowed by the judge or judges, or officer or officers of the court or courts wherein or to whom any such writ or writs shall be delivered, (but that he and they shall and may proceed in the said cause and causes ready to be tried, as though no such writ or writs were sued forth or delivered to him or them) except that the said writ or writs be delivered to the judge or judges, officer or officers of the said court, before that the jury which is to try the cause

(n) By 21 Jac. 1, c. 4, s. 4, the statute of limitations as to penal actions can be given in evidence under nil debet, e. g. in an action of debt for penalties for not setting out tithes under 2 & 3 Edw. 6, c. 13, and the new rules as to pleading do not affect this provision; Spencer (Earl) v. Swannell, 3 M. & W. 154; 6 Dowl. 326.

In informa

ti ns of intra

trial.

in question between the party or parties plaintiffs, and the party or parties that sued forth the said writ or writs, or for whose benefit the said writ or writs is or shall be sued forth, have appeared, and one of the said jury sworn to try the said cause.

21 JAC. 1, c. 14.

"An Act to admit the subject to plead the general issue in informations of Intrusions brought on the behalf of the King's Majesty, and retain his possession till trial.”

Whensoever the King, his heirs or successors, and such sion, the sub- from or under whom the King claimeth, and all others ject is allowed claiming under the same title under which the King to plead the general issue, claimeth, hath been and shall be out of possession by and to retain the space of 20 years, or hath not, or shall not have possession till taken the profits of any lands, tenements or hereditaments, (o) within the space of 20 years, before any information of intrusion brought or to be brought, to recover the same; that in every such case the defendant or defendants may plead the general issue, if he or they so think fit: and shall not be pressed to plead specially; and that in such cases the defendant or defendants shall retain the possession he or they had at the time of such information exhibited, until the title be tried, found, or adjudged for the King.

S. 2.-Where an information of intrusion may fitly and aptly be brought on the King's behalf, that no scire (p) facias shall be brought, whereunto the subject shall be forced to a special pleading, and be deprived of the grace intended by this act.

(0) The title of the crown to lands of which it has been out of possession for twenty years, may be tried on the information of intrusion itself; and need not be first found by inquisition of office, the only effect of this statute is, to throw the onus of proving the title, in the first instance, on the crown; Attorney-General v. Parsons, 2 M. & W. 23.

(p) This can only be on some record; Attorney-General v. Sewell, 4 M. & W. 77; 6 Dowl. 673; 8 C. & P. 376.

105

21 JAC. 1, c. 16.

"An Act for Limitations of Actions, and for avoiding

of Suits in Law."

of certain personal actions.

S. 3. All actions of trespass quare clausum fregit, (q) The limitation all actions of trespass, (r) detinue,(s) action sur trover,(t) and replevin for taking away of goods and cattle, (u) all actions of account, (x) and upon the case (y), other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants,(z) all actions of debt grounded (a) upon any lending or contract without (b) specialty; all actions of debt for arrearages of rent, (c) and all actions of assault, (d) menace, battery, (e) wounding,(ƒ) and imprisonment, (g) or any of them which shall be sued or brought at any time after the end of this present session of parliament, shall be commenced and sued within the time and limitation hereafter expressed, and not after, (h) that is to say, the said actions upon the case (i) (other than for slander)

(9) Runnington on Ejectment, 442, 444. (r) Means" vi et armis," Co. Litt. 161 b.

(s) Hutt. 109; Reeves v. Capper, 2 Jurist, 1067 (C. P.) (t) Pyne v. Dor, 1 T. R. 55.

(u) Oxley v. Watts, 1 T. R. 12.

(x) Paley's Principal and Agent, 45.

(y) This includes" on promises," and "case" against the sheriff for an escape; Bonafous v. Walker, 2 T. R. 129. (2) Bull. Ni. Pri. 149; Barber v. Barber, 18 Ves. jun.

286.

(a) Steward v. Bridger, 2 Vern. 516; Leigh and wife v. Thornton, 1 B. & A. 625.

(b) Not arising on a deed, Hutt. 109.

(c) Hodsden v. Harridge, 1 Sid. 415; 1 Lev. 273.

(d) 11 Mod. 180, 181.

(e) Scott v. Shepherd, 2 W. Bla. 892; 3 Wils. 403. (f) Rafael v. Verelst, 2 W. Bla. 983.

(g) Aldridge v. Duke, 3 Mod, 110; 3 Keb. 613.

(h) The statute runs over all mesne acts, Gray v. Mendez, 1 Stra. 555; Doe v. Jones, 4 T. R. 300; id. 306, note.

(i) This includes trover, Swayn v. Stephens, Cro. Car. 245, 333; and slander for words actionable only for the special damage, Burry v. Perry, 2 Ld. Raym. 1588; 1 Salk. 206.

Their limitation after

judgment or outlawry reversed.

and the said actions for account, and the said actions for trespass, debt, detinue, and replevin for goods or cattle, and the said action of trespass quare clausum fregit, within three years next after the end of this present session of parliament; or within six years next after the cause (k) of such actions or suit, and not after; and the said actions of trespass, of assault, battery, wounding, imprisonment or any of them, within one year next after the end of this present session of parliament; or within four years (1) next after the cause of such actions or suit, and not after; and the said actions upon the case for words, within one year after the end of this present session of parliament, or within two years next after the words spoken, (m) and not after. (n)

S. 4. If in any of the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, (o) or a verdict pass for the plaintiff, and upon matter alledged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill; (p) or if any of the said actions shall be brought by original, and the defendant therein be

(k) Magrave v. Gilborizne, 1 Irish T. R. 135; Wilchkin, in error, against Gahan, ib. 591; Godin v. Ferris, 2 H. Bla. 14; as in trover, from the time of conversion, either actual, Swain v. Stephens, Cro. Car. 333; or presumed, when a demand and refusal is proved; Wortley Montague v. Sandwich, 7 Mod. 99; 1 Camp. 439. It means a right to prosecute an action with effect; Joliffe v. Pitt, 2 Vern. 694; Murray v. East India Company, 5 B. & A. 204.

(1) This will be included in an informal plea as to six years, unless specially demurred to, Macfadzen v. Olivant, 6 East, 389.

(m) These provisions affect the remedy only, Williams v. Jones, 13 East, 450, by the subject; and cannot be pleaded to process at the suit of the crown; provided the statute had not ran upon the debt before it was seized by the prerogative process; Lambert v. Tayler, 4 B. & C. 138; 6 D. & R. 188. (n) These words are of peculiar force as to restriction of time, 10 Edw. 4-7; Benyon v. Evelyn, Orl. Bridg. 363. (0) Bleasdale v. Darby, 9 Price, 606; 3 T. R. 78. (p) Newball v. Adams, 8 Taunt. 335.

outlawed, and shall after reverse the outlawry, (q) that in all such cases the party plaintiff, his heirs, executors or administrators, as the case shall require, may commence a new action (r) or suit (s) from time to time, within a year after such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after.(t)

excepten.

S. 7.-If any person or persons that is or shall be Infants, femes entituled to any such(u) action of trespass, detinue, action covert, &c. sur trover, replevin, actions of accounts, actions of debts, actions of trespass for assault, menace, battery, wounding, or imprisonment, actions upon the case for words, be or shall be at the time of any such cause of action given or accrued, fallen or come, (x) within the age of twentyone years, (y) feme covert, (2) non compos mentis, (a) imprisoned, (b) or beyond the seas; (c) that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming or being of full age, discovert, of sane memory, at large, and returned

(q) Sir T. Finch v. Lamb, Cro. Car. 294; Sir W. Jones, 312; Whitwick v. Hovenden, 3 Lev. 245.

(r) 2 Saund. 63 g, 63 h.

(s) As by plaint in an inferior court.

(t) Where, by the death of either of the parties, the progress of the action is abated, a new action will lie within a year; Wilcocks v. Huggins, 2 Stra. 907; Fitzg. 170, 289.

(u) This includes all actions "on the case;" Chandler v. Vilett, 2 Saund. 120; so "on promises," Crozier v. Tomlinson, 2 Mod. 71.

(1) Fenton v. Emblers, 1 W. Bla. 354.

(y) Prideaux v. Webber, 1 Lev. 31; a statement in a will as to the date of a person's birth is prima facie evidence of his age; Vulliamy v. Huskisson, 3 You. & Col. 80.

(2) M'Carthy v. Decaies, 2 Russ. & Myl. 614.

(a) Steel v. Calley, 1 Kee. 620; In re J. B. 1 Myl. & Cr. 538.

(b) Yapp v. Harrington, 3 Bing, N. C. 907; 6 Dowl. 55. (c) The rule is, that the statute begins to run so soon as there is in existence, in England, a plaintiff capable of suing; Rhodes v. Smethurst, 4 M. & W. 42.