not or shall not first accrue and

grow within sixty years

next before

the com

suit, &c.

any title, claim, challenge, or demand, of, in, or to the same, or any of them, by reason of any right or title which hath not first accrued and grown, or which shall not hereafter first accrue or grow, within the space of sixty years next before the filing, issuing, or commencing, of mencing such every such action, bill, plaint, information, commission, or other suit or proceeding, as shall at any time or times hereafter be filed, issued, or commenced, for recovering the same, or in respect thereof, unless his majesty or some of his progenitors, predecessors, or ancestors, heirs, or successors, or some other person or persons, bodies politick or corporate, under whom his Majesty, his heirs, or snccessors, anything hath or lawfully claimeth, or shall have or lawfully claim, have or shall have been answered by force and virtue of any such right or title to the same, the rents, revenues, issues, or profits thereof, or the rents, issues, or profits of any honour, manor, or other hereditament, whereof the premises in question shall be part or parcel, within the said space of sixty years; or that the same have or shall have been duly in charge to his Majesty, or some of his progenitors, predecessors, or ancestors, heirs, or successors, or have or shall have stood insuper of record within the said space of sixty years: And that all and every person or persons, bodies politick and corporate, their heirs and successors, and all claiming by, from, or under them, or any of joyment them, for and according to their and every of their sevethereof, as ral estates and interests which they have, or claim to well against the crown, have, or shall or may have or claim to have, in the same respectively, shall, at all times hereafter, quietly and freely have, hold, and enjoy, against his Majesty, his heirs and successors, claiming by any title which hath not first accrued or grown, or which shall not hereafter first accrue or grow, within the said space of sixty years, all and singular manors, lands, tenements, rents, tythes, and hereditaments whatsoever, (except liberties and franchises) which he or they, or his or their, or any of their ancestors or predecessors, or those from, by, or under whom they do or shall claim, have or shall have held or enjoyed, or taken the rents, revenues, issues, or profits thereof, by the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as

And the subject secured

in the free and quiet en

&c.

shall at any time or times hereafter be filed, issued, or commenced, for recovering the same, or in respect thereof; unless his Majesty, or some of his progenitors, predecessors, or ancestors, heirs, or successors, or some other person or persons, bodies politick or corporate, by, from, or under whom his Majesty, his heirs, or successors, anything hath or lawfully claimeth, or shall have or lawfully claim, in the said manors, lands, tenements, rents, tythes, or hereditaments, by force of any right or title, have been or shall have been answered, by virtue of any such right or title, the rents, revenues, issues, or other profits thereof, within the said space of sixty years; or that the same have or shall have been duly in charge, or stood insuper of record as aforesaid, within the said space of sixty years: And furthermore that all and every person and persons, bodies politick and corporate, their heirs and successors, and all claiming or to claim by, from, or under them, or any of them, for and according to their and every of their several estates and interests which they have or claim, or shall or may have or claim, respectively, shall, for ever hereafter quietly and freely have, hold, and enjoy, all such manors, lands, tenements, rents, tythes, and hereditaments (except liberties and franchises) as they now have, claim, or enjoy, or hereafter shall or may have, claim, or enjoy, whereof his Majesty his progenitors, predecessors, or ancestors, or whereof his Majesty, his heirs, or successors, or he or they by, from, or under whom his Majesty, his heirs, or successors, anything hath or lawfully claimeth, or shall have or lawfully claim, or some of them, by force of some right or title to the same, have not or shall not have been answered, by virtue of such right or title, the rents, revenues, issues or profits thereof, within the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, nor the same have been nor shall have been duly in charge, or stood insuper of record as aforesaid, within the said space of sixty years, against all and every person and persons their heirs and assigns, having, claiming, or pretending to have, or who shall or may have, claim, or pretend to

As against all

persons claiming any estate or in

terest therein,

by colour of any letters patent, or

have any estate, right, title, interest, claim, or demand whatsoever, of, in, or to the same, by force or colour of any letters patent or grants, upon suggestion of concealment or wrongful detaining, or not being in charge or defective titles, or by, from, or under, any patentees or grantees, or any letters patents or grants, upon suggestion of concealment or wrongful detaining, or not grants upon being in charge, or defective titles, of or for which said suggestion of concealment, manors, lands, tenements, rents, tythes, and hereditawrongful de- ments, or any of them, no verdict, judgement, decree, taining, &c. judicial order upon hearing, or sentence of any Court now standing in force, hath been had or given, or any such verdict, judgement, decree, judicial order upon heargiven for the ing, or sentence of Court, shall hereafter be had or given, crown within in any action, bill, plaint, or information, in any of his sixty years Majesty's Courts at Westininster, for or in the name commencing of the King's Majesty, or any of his ancestors, progeni

for which

judgement

hath not, or shall not be

before the

such suit.

In what cases the

rents and pro

tors, predecessors, heirs, or successors, or of any of the said patentees or grantees, or for their or any of their heirs, or assigns, within the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced, for recovering the same, or in respect thereof as aforesaid.

S. 2. Where the rents, revenues, issues, or profits of any manors, lands, tenements, tythes, or hereditaments fits of manors, are or shall be in charge by, to, or with any auditor (b) &c. shall be or auditors, or other proper officer or officers of the revenue such rents, revenues, issues, and profits shall be

deemed to be

duly in charge.

(b) Returns by auditors in their accounts of the crown revenue, are sufficient proof of the subject-matter having been kept in charge so as to protect the claim of the crown, from this act, even though they have returned “nihil,” and no claim has been put in suit for sixty years; Att. Gen. v. Eardley (Lord), 8 Price, 39. And the same rule applies where the returns are made to the auditors for auditing the public accounts ; for such returns constitute a "putting in charge," even though nothing has been received of such revenue, nor has there been any suit or proceedings for its recovery within sixty years; Att. Gen. v. Maxwell, 8 Price,

held, deemed, and taken to be duly in charge within the meaning and intent of this Act, any usage or custom to the contrary notwithstanding.

or remain

are not liable

this Act.

S. 3.-Provided always, that this act, or any thing Cases wheretherein contained, shall not extend to bar, impeach, or in reversions hinder his Majesty, his heirs or successors of, for, or ders in the from any manors, tenements, rents, tythes, or heredita- crown of any ments whereof any reversion or remainder now is in his manor, &c. Majesty, for or concerning the said reversion or remain- to be imder; nor of, for, or from any reversion or remainder, or peached by possibility of reversion or remainder, in any of his Majesty's progenitors, or predecessors, or ancestors, which by the expiration, end, or other determination of any limited estate of fee simple or of any fee tail, or other particular estate, hath or ought to have first fallen or become in possession, or which shall or may, or ought hereafter first to fall or come in possession within the space of sixty years next before the filing, issuing, or commencing of any such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or com menced for recovering the same or in respect thereof, nor of, for or from any right or title first accrued or grown to his Majesty, or any of his progenitors, predecessors, or ancestors, or which shall first accrue or grow to his Majesty, or any of his heirs or successors of, in, or to any manors, lands, tenements, rents, tythes, or hereditaments at any time or times within the space of sixty years next before the filing, (c) issuing, or commencing of any such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, and not before.

S. 4.-Provided also and be it enacted by the autho- Limitation of rity of the present parliament, that this Act or any thing the act with therein contained shall not extend to any manors, lands, respect to tenements, rents, tythes, or hereditaments mentioned to the crown of be granted or conveyed by any of his Majesty's pro

(c) The suing out process is the commencement of the information for this purpose. And the memorandum on the record is not decisive evidence of the time when the information commenced, Att. Gen. v. Brown, Forrest, 110.

G

gran's from

any limited estate, &c.

The said manors, &c.

to be holden of the crown upon the usual tenures, ser. vices and duties.

Provision for the securing

genitors, predecessors, or ancestors, or by any other under whom his Majesty claimeth, to any person or persons of any limited estate in fee simple, or of any estate in tail, or other particular estate, which several estates (if the same had been good and effectual in law,) have or ought to have first fallen or become in possession, or will or ought first to fall or come in possession within the space of sixty years next before the filing, issuing, or commencing of any such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof as aforesaid; nor to any manors, lands, tenements, rents, tythes, or hereditaments mentioned to be granted or conveyed by any of his Majesty's progenitors, predecessors, or ancestors, or by any other under whom his Majesty claimeth, to any person or persons in fee tail, or other particular estate, whereof the reversion or inheritance (if such estate tail, or other particular estate had been good and effectual in law,) should have been and continued in his Majesty, or any of his progenitors, predecessors, or ancestors, or should or ought hereafter to be and continue in his Majesty, his heirs or successors, at any time within the space of sixty years next before the filing, issuing, or commencing of any such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued or commenced for recovering the same, or in respect thereof, as aforesaid.

S. 5.-Provided also, and be it enacted by the authority of this present parliament, that all and singular the said manors, lands, tenements, and hereditaments, shall at all times hereafter be holden of his Majesty, his heirs and successors, and of other person and persons, bodies politick and corporate, their heirs and successors respectively, by the same tenures, services, fee farms, chief rents, heriots, and other duties, to all intents and purposes as the same should or ought of right to have been holden if the estates, rights, and interests, established and made sure by this present act, had been before the making of this action, firm, good, and effectual in law.

S. 7.-Provided also, and be it enacted, that where