upon any bond or other specialty, actions of debt or scire facias upon recognizance, within ten years after the end of this present session, or within twenty years after the cause of such actions or suits, but not after; the said actions by the parties grieved, one year after the end of this present session, or within two years after the cause of such actions or suits, but not after; and the said other actions within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after: provided that nothing herein contained shall extend to any action given by any statute, where the time for bringing such action is or shall be by any statute specially limited. covert, &c. S. 4.-If any person or persons that is, or are, or Remedy for shall be entitled to any such action or suit, or to such infants, femes scire facias, is, or are, or shall be at the time of any such cause of action accrued within the age of twentyone years, feme covert, non compos mentis, or beyond the seas, (s) then such person or persons shall be at liberty to bring the same actions, so as they commence the same, within such times after their coming to, or being of full age, discovert, of sound memory, or returned (t) from beyond the seas, as other persons having no such impediment should, according to the provisions of this act, have done; and that if any person or persons, Absence of against whom there shall be any such cause of action, defendants is, or are, or shall be at the time such cause of action provided for. accrued, beyond the seas, then the person or persons entitled to any such cause of action, shall be at liberty to bring the same against such person or persons within such times as are before limited, after the return of such person or persons from beyond the seas. beyond seas S. 5.-Provided always, that if any acknowledgment Proviso in shall have been made, either by writing signed by the case of acknowledgparty liable by virtue of such indenture, specialty, or ment in recognizance, or his agent, (u) or by part-payment, (x) writing, or by or part-satisfaction, (y) on account of any principal or part payment. (s) See post, s. 7. (t) This means " first return,” and in the sense explained in p. 19. (u) Morrell v. Firth, 3 M. & W. 402; 8 C. & P. 246. (x) Evans v. Davies, 4 Ad. & Ell. 840. (y) Irving v. Veitch, 3 M. & W. 90; Hooper v. Stephens, 4 Ad. & Ell. 71. The limitation after judg ment or outlawry reversed. interest being then due thereon, it shall and may be lawful for the person or persons entitled to such actions, to bring his or their action for the money remaining unpaid, and so acknowledged to be due, within twenty years after such acknowledgment by writing, or partpayment, or part-satisfaction, as aforesaid, or in case the person or persons entitled to such action shall, at the time of such acknowledgment, be under such disability as aforesaid, or the party making such acknowledgment be at the time of making the same beyond the seas, then within twenty years after such disability shall have ceased as aforesaid, or the party shall have returned from beyond seas, as the case may and the plaintiff or plaintiffs in any such action, or any indenture, specialty, or recognizance, may, by way of replication, (2) state such acknowledgment, and that such action was brought within the time aforesaid, in answer to a plea (a) of this statute. be; S. 6. If in any of the said actions judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, (b) writ, (c) or bill, (d) or if in any of the said actions] the defendant shall be outlawed, and shall after reverse the outlawry, that in all such cases the party plaintiff, his executors or administrators, as the case shall require, may commence a new action or suit from time to time within a year after such judgment reversed, or such (z) In such a case the replication must conclude with a verification, and issue will be tendered by the rejoinder in the negative, Priddie and Napper's case, 11 Rep. 10; and accepted by the surrejoinder (i. e. a similiter). (a) This plea will refer to the particular period limited, see s. 3, as that "the cause of action did not accrue at any time within twenty years next before the commencement, or within ten years next before the end of the session of parlia ment. (b) Kitch, 231. (c) 2 Will. 4, c. 39, s. 1; 1 & 2 Vict. c. 110, s. 1. judgment given against the plaintiff, or outlawry reversed, and not after. (e) the United seas, within S. 7.- No part of the United Kingdom of Great No part of Britain and Ireland, nor the Islands of Man, Guernsey, Kingdom, &c. Jersey, Alderney, and Sark, nor any islands adjacent is to be deemto any of them, being part of the dominions of his ed beyond the Majesty, (f) shall be deemed to be beyond the seas the meaning within the meaning of this Act, or of the Act passed of this Act. in the twenty-first year of the reign of King James the First, intituled "An Act for the Limitation of Actions and for avoiding of Suits in Law." (g) lessor may S. 37.-It shall be lawful for the executors or ad- Executors of ministrators of any lessor or landlord to distrain upon distrain for the lands demised for any term, or at will, for the arrears in his arrearages of rent due to such lessor or landlord in his lifetime. lifetime, in like manner as such lessor or landlord might have done in his lifetime. (h) be distrained of term. S. 38. Such arrearages may be distrained for after Arrears may the end or determination of such term or lease, at will, for within six in the same manner as if such term or lease had not months after been ended or determined; provided that such distress determination be made within the space of six calendar months after the determination (i) of such term or lease, and during the continuance of the possession (k) of the tenant from whom such arrears become due: provided also, that all and every the powers and provisions in the several statutes made relating to distresses for rent, shall be applicable to the distresses so made as aforesaid. (e) The same practice with respect to new actions brought by executors and administrators "recently" after the abatement of a former action, brought by the testator or intestate within the limited time, and explained in p. 30, will apply here; and so also those in p. 30, as to the removal of suits out of inferior or other courts; Karver v. James, Willes, 255; Wilcocks v. Huggins, Fitz. 170; 2 Stra. 719. (f) This provision is the same as in 3 & 4 Will. 4, c. 27, s. 19; see the comments on that section in P. 19. (g) C. 16. (h) Dunk v. Hunter, 5 B. & A. 322. (i) 1 Inst. 45, b. (k) Savage v. Dent, 2 Stra. 1064. Mortgagees within the definition in 3 & 4 Will. 4, c. 27, s. 1, may bring actions to recover 1 VICT. c. 28. "An Act to amend an Act of the Third and Fourth Years of his late Majesty, for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto." () It shall and may be lawful for any person entitled to or claiming under any mortgage of land, being land within the definition contained in the first section of the said Act, to make an entry, or bring an action at law, or suit in equity, to recover such land at any time within land within twenty years next after the last payment of any part of twenty years the principal money or interest secured by such mortment of prin- gage, (m) although more than twenty years may have cipal or in- elapsed since the time at which the right to make such entry, (n) or bring such action, (o) or suit in equity, (p)` shall have first accrued, anything in the said Act notwithstanding. after last pay terest. (1) C. 27. (m) Marks v. Marks, 10 Mod. 424. (n) Rogers v. Humphreys, 4 Ad. & Ell. 299. (o) Debt, 1 Saund. 201 a, n. (n); covenant, 2 Saund. 107 a, n. (b). (p) For foreclosure, Upperton v. Harrison, 7 Sim. 444; Bruere v. Wharton, 7 Sim. 433. C. D. ats. The (b) day of in the Special plea year of our Lord, 18-. The said defendant, by E. F., his attorney, says that the said causes of action (c) in the A. B. said declaration mentioned, did not, nor did any part thereof accrue at any time within six (d) years next before the commencement of this action, and this the said defendant is ready to verify. of the statute. The said defendant, by his attorney, says, that the To an action said causes of action in the said declaration mentioned, by a party grieved. (e) did not nor did any part thereof accrue at any time (a) The title of the count, R. G. Hil. 4, Will. 4, Schedule. (b) The day of delivering the plea. (c) This form will apply to all personal actions, whether ex contractu or ex delicto. (d) This is the ordinary limitation; but in other cases where there is a different one, the plea must be adapted accordingly. (e) 3 & 4 Will. 4, c. 42, s. 3. |