may, within one year after his death, maintain such an action; (c) and where a wrong has been committed by a person within six calendar months next before his death to the real or personal property of another, an action of trespass may, within six calendar months next after his personal representative has administered to the estate, be maintained against him. (d)

Actions of trespass for assault, battery, wounding, and false imprisonment must be brought within four years next after the right of action arises. (e)

Every continuance of an imprisonment is deemed a fresh one, and gives an additional right of action; (f) and though the imprisonment is complained of as of one continued time, yet the defendant may divide (g) it, and plead the statute as to part, and then the plaintiff in his replication is to shew the continuance; and thus every act of detention constitutes a new imprisonment. (h)

2. Actions upon the case, including trover (i) and slander when actionable only by reference to some particular trade, or profession, or a special damage, must be brought within six years next after the right of action accrues; (k) as if A. beyond seas converts goods, (c) 3 & 4 W. 4, c. 42, s. 2, Appendix.

(d) Rot. 81, B. R. West. ; 2 Dy. 166 b; 7 Ad. & E. 426; 2 N. & P. 571.

(e) 21 Jac. 1, c. 16, s. 3, Appendix.

(f) Bailey v. Warden, 4 M. & S. 409.

(g) Coventry v. Apsley, 2 Salk. 420; Comb. 26.

(h) 1 Rol. 241.

(i) Lutw. 99; 2 Saund. 121.

(k) 21 Jac. 1, c. 16, s. 3, Appendix.

and after six years returns, and on a demand, refuses a delivery, this is a new (1) conversion. And every act of continuing a nuisance constitutes a fresh nuisance. (m) For words actionable in themselves, the action must be brought within two years next after the words are spoken. (n)

3. Actions of detinue must be brought, and, 4. plaints of replevin in the County Court, or other inferior court, must be levied within six years next after the accruing of a cause of action. (o)

5. The only method, in a case of tort, of preventing the operation of the statute, is by issuing in the superior Courts of law a writ of summons, (p) or by levying a plaint in an inferior one, (q) for a promise by the defendant to make compensation for a trespass will not suffice. (r)

6. Actions of debt for rent upon indentures (s) of demise, of covenant, or debt on bonds, or other spe

(1) Savayn v. Stephens, Cro. Car. 245, 334, S. C.

(m) Withers v. Henley, 1 Ro. 241; Beswick v. Combdon, Moore, 353.

(n) Granger v. George, 5 B. & C. 149; 7 D. & R. 729, S. C. (0) 21 Jac. 1, c. 16, s. 3, Appendix.

(p) 1 & 2 Vict. c. 110, s. 2

(q) 2 Saund. 63 e.; Story v. Atkins, 2 Ld. Raym. 1430; Salk. 424, S. C.

(r) Hurst v. Parker, 1 B. & A. 92; Boydell v. Drummond, 2` Campb. 160.

(s) Paddon v. Bartlett, 3 Ad. & E. 884.

cialties, and of debt, and proceedings by writ of scire facias upon a recognizance must be brought within ten years (t) next after the 29th day of August, 1833; and in cases where that rule cannot apply, as where the right accrued within twenty years before the end of such ten years, then within twenty years after the accruing of the right of action. (u)

The existence of any of the following disabilities (x) or impediments, suspends the operation of the act; i. e. if the creditor was under the age of twenty-one years, a feme covert, non compos mentis, or out of Great Britain and Ireland, the islands of Man, Jersey, Guernsey, Alderney, and Sark, and islands adjacent, and being part of the dominions of the Queen ; (y) or if the debtor was so resident. (2) Where an acknowledgment is made in writing by the debtor, charging him in direct terms, or by his agent, or if there has been a part payment, or part satisfaction of the principal and interest then due; the action may be brought within twenty years next after the time of such acknowledgment, part payment, or part satisfaction. But such special matter must be replied, (a) and in confession and avoidance.

7. Actions upon awards not being by specialty; for

(t) 3 & 4 Will. 4, c. 42, s. 3, Appendix.

(u) Ibid.; Hartshorne v. Watson, 2 Jurist, 155, C. P. (x) Ibid. s. 4; Miles v. Williams, 10 Mod. 160.

(y) Ibid. s. 7; 4 Inst. 286; 1 Bla. Com. 93.

(*) 4 Anne, c. 16, s. 19; Williams v. Jones, 13 East, 439. (a) 3 & 4 Will. 4, c. 42, s. 5, Appendix.

C

fines due on admission to copyhold estates, (b) for escapes on final process, and for monies levied by the sheriff' under a writ of fieri facias (c) must be brought within six years; and actions by the party grieved (d) within two years next after the time when the right of action first accrued. (e) There is the same saving here as in the case of specialties, (f) but with reference to a limitation of six years only.

8. Actions of debt grounded upon a lending or other contract without specialty, and including an account stated; (g) and actions on foreign judgments; (h) and actions of assumpsit, now commonly termed "on promises," (i) must be brought within six years next after the time when a present right to sue first accrues. (j) This takes place, at the end of nine months, on a credit at six months and a bill of exchange at three months; (k) on a bill payable on demand, as soon as it is delivered to the payee; (1) if at a time specified after demand, as soon as it arrives; (m) and on sentence being

(b) Hodgson v. Harris, 1 Lev. 273; 2 Saund. 67 a, n. (10). (c) 1 & 2 Vict. c. 110, ss. 11, 12, 20.

(d) Rann v. Green, 2 Cowp. 474; 10 Mod. 121; 1 Ro. 90. (e) 3 & 4 Will. 4, c. 42, s. 3, Appendix.

(f) P. 25.

(g) Farrington v. Lee, 1 Mod. 269; Webber v. Tyrrell, 1 Lev. 287. (h) Walker, Assignees, &c. v. Witter, 1 Dougl. 1.

(i) 2 Will. 4, c. 39, sched.; Piggott v. Bush, 4 Ad. & Ell. 912. (j) 21 Jac. 1, c. 16, s. 3; Gould v. Johnson, 1 Salk. 422. (k) Wittersheim v. Carlisle, 1 H. Bla. 631; Helps v. Winterbotham, 2 B. & Ad. 431; Mussen v. Price, 4 East, 147.

(l) Norton v. Ellam, 2 M. & W. 461; 1 Jurist, 433. If payable at sight, see Holmes v. Kerrison, 2 Taunt. 323.

(m) Thorpe v. Booth, 1 Ry. & M. 388.

given, where the claim is for business done on an appeal; (n) for the consideration of an annuity, (o) on the setting aside of the deeds and other securities; in actions for negligence or a breach of duty, on its being committed ; (p) by a surety against his principal, upon a default by the latter; (q) and on an agreement to account, (r) from the time of refusal. (s)

9. Where the claim is on promises for special damages, as on a contract to do an act at a specified time; it can only be preserved from the operation of the statute by process. (†)

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In cases of debt on simple contract, and in actions on promises," the operation of the statute is prevented by part-payment, whether of principal and interest, or principal only; (u) and though by only one of joint-debtors; (x) if of the principal, is sufficient, (y) though made after the time when the statute has barred the remedy (2) and taken effect; e. g. if by a bill of

(n) Rothery v. Mummings, 1 B. & Ad. 15.

(0) Waters v. Mansell. 3 Taunt. 56; Cowper v. Godmond, 3 Moore & Sc. 219.

(p) Battley v. Faulkner, 3 B. & A. 288; Short v. Macarthy, 3 B. & A. 626; Howell v. Young, 5 B. & C. 259; 8 D. & R. 14; Brown v. Howard, 4 J. B. Moore, 508; 2 B. & B. 73.

(q) Gibbons v. M'Casland, 1 B. & A. 690.

(r) Topham v. Braddick, 1 Taunt. 572; 1 W. Bla. 353.

(s) 2 Saund. 63 c., n. (l); Short v. M'Carthy, 3 B. & A. 626. (t) Boydell v. Drummond, 2 Campb. 160; Carth. 136, 144. (u) Waters v. Tomkins, 2 C. M. & R. 723, 1 Gale, 323. (x) Ex parte Woodman and Turner, 3 Mont. & Ayr. 615. (y) Irving v. Veitch, 3 M. & W. 90.

(z) Bealey v. Greenslade, 2 C. & J. 61; 2 Tyr. 121.