public nature; or a suit pro reformatione morum as for fornication; (g) when going only to deprivation, suspension or other punishment merely clerical; for a divorce; (r) restitution of conjugal rights; (s) as to the right in a pew, unless appurtenant to a messuage; (t) for the repair of the body or the nave of the church, (u) or other matter wholly ecclesiastical; (v) nor to accounts open and running, and which concern the trade (w) of foreign merchandize between merchant and merchant, their factors or servants; (x) applications of a summary kind. against an attorney as to monies received by him for a client; (y) nor to matters of mere equitable cognizance in courts of equity, such as against trustees for a breach of trust, as where they sell an estate charged with the payment of money, and without their having paid the amount; (2) cases of constructive trust, as between trustee and cestui que trust; (a) suits for lega

(4) Free v. Burgoyne (in error), 2 Bligh, N. S. 65; 1 Dow, 115. (r) Mule v. Mule, Delegates, 1710; Lady Ferrers v. Lord Ferrers, 1 Hagg. 130; Dodwell v. Dodwell, 13th June, 1789; D'Aguilar v. D'Aguilar, 5th Nov. 1793; Poynter on Marriage and Divorce, 182. (s) Mordaunt v. Mordaunt, 1st June, 1794.

(t) 2 Saund. 175c; Mainwaring v. Giles, 5 B. & A. 356. (u) Jeffery's case, 5 Rep. 66 b.

(v) Palmer v. Thorpe, 4 Rep. 20 a.

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

(x) Sandys v. Blackwell, Sir W. Jones, 401; Webber v. Tyrrell,

1 Lev. 287; Cudmore v. Ellis, 12 Mod. 579; Skirme v. Merrick,

2 Com. 710.

(y) Ex parte Sharpe, 5 Dowl. 717.

(s) Milnes v. Cowley, 4 Price, 103.

(a) Ex parte Gowers, 3 Mont. & Ayr. 172; Phillips v. Mannings, 2 Myl. & Cr. 309.

tees to refund; (b) of revivor ; (c) or a bill for an account. (d)

2. The Statutes of Limitation do not extend to the Queen, unless expressly named therein; (e) for she is not, generally speaking, prejudiced by any neglect to pursue her right; (f) and there is not any lapse because she does not present a clerk to the bishop for institution; (g) nor does the lord of the manor gain any right to any of her goods which are wrecked, because she does not claim them and prove her property in them within a year and a day. (h) She may, at any distance of time, claim her franchises (i) and liberties, (k) heriots, (1) suit of court as incident to or belonging to land in common socage, (m) or honorary services to her in grand serjeanty; (n) and there is not

(b) March v. Russell, 1 Jur. 588, C.; Rowe v. Thorpe, id. 771, V.C.

(c) Earl Egremont v. Hamilton, 1 Ball & Beatty, 531. (d) Canham v. Vincent, 2 Sim. 277.

(e) Jenk. Cent. 212, 307; The King v. Archbishop of York, Willes, 533; Colt v. Bishop of Coventry, Hob. 146; Lambert v. Taylor, 6 D. & R. 188.

(f) Baskerville's case, 7 Rep. 28 a; 1 Leon. 180; 2 Leon. 50; Rex v. Bishop of Winton, Cro. Jac. 54.

(g) Jenkins, 244; Mo. 421; Reg. v. Vaughan, Cro. Eliz. 508. (h) 2 Inst 168; Plow. 243.

(i) Rex v. Havering Atte Bower (Steward, &c.), 5 B. & A. 691; Rex v. Hastings (Mayor), id. 692, n.

(k) Gibson v. Clark, 1 Jac. & Walk. 159; 1 Show. 274.

(1) The Queen v. Vaughan, Cro. Eliz. 508.

(m) Litt. s. 119; Wright Ten. 142.

(n) 12 Car. 2, c. 24, ss. 5, 7; 3 Dy. 285 b.

any limitation to a suit by her against her accomptants, for an account of the profits taken by them for her use, (o) or for a balance found against their representatives; (p) as to a "petition of right" to her ; (q) nor to indictments (r) or other prosecutions, as for a public nuisance. (s)

In proceedings at her suit, the commencement of them, if for penalties under penal laws, (t) is the issuing of the process; (u) in cases of extent from the date of the fiat (v) of the baron or other (w) judge; and in the Petty Bag Office from the issuing of the scire facias.(x)

3. The limitations, which in other cases we find now in force, affect only the parties and those who are privy to them in contract, and not third persons. (y) They arise under the provisions of acts of parliament, (≈)

(o) The Queen v. Vaughan, Cro. Eliz. 507. (p) Att. Gen. v. White, 2 Com. 432.

(q) Willion v. Berkley, Plowd. 241; Walsingham's case, id 553; Lord Paget's case, 1 Leon. 194; Venables and Serj. Harris's case, 2 Leon. 122.

(r) Dover v. Maestaer, 5 Esp. 92; 2 Hale, 158.

(s) Anon. 12 Mod. 342; Weld v. Hornby, 7 East, 199.

(t) 18 Eliz. c. 5; 1 And. 48.

(u) Att. Gen. v. Hall, 11 Price, 760; Forest, 110.

(v) Rex v. Mann, 2 Stra. 749; Rex v. Quash, Parker, 281;

Rex

v. Topping, M'Clel. & Y. 544.

(w) 1 & 2 Vict. c. 45, s. 1.

(x) Rex v. Bradford, 2 Ld. Raym. 1327; Rex v. White, 2 Stra. 1219; Gude's Practice, vol. i. p. 233.

(y) Quantock v. England, 2 W. Bl. 702, 5 Burr. 2628; Mavor v. Pyne. 2 C. & P. 91, 3 Bing. 285.

(z) 2 Inst. 95; Co. Litt. 115.

both as regards legal claims, and equitable claims, arising out of legal titles and legal demands; (c) and except in cases where the act authorises the general issue, and the special matter to be given in evidence under it, the only mode of relying on the limitation is by special plea. (d)

4. The most distant species of limitation is that commonly known under the name of custom or prescription; and which, as in the case of gavel-kind, (e) must have arisen, or rather be fairly presumed to have existed, from "time immemorial." This, in a legal sense, includes and denotes (ƒ) the whole period of time from the first day of the reign (g) of Richard 1st. Seisin of homage and of services, such as suit of court, must be so presumed (h) and so pleaded. (i) The seisin of a superior service, when more than annual, is a seisin of all inferior services incident thereto, such as seisin of fealty, homage and escuage; (k) for the tenant swears to do all other services. Seisin of homage (1) includes all other services, as well superior as inferior; and by doing thereof, the tenant undertakes to perform all services. The statute 32 Hen. 8, c. 2, extends to of

(c) 2 Sch. & Lef. 631; Goodright v. Wells, 2 Dougl. 771. (d) Merceron v. Merceron, 5 Dowl. 271.

(e) Co. Litt. 140, 175 b.

(f) Stat. of Westminster 1, 3 Edw. 1, c. 39.

(g) Reeves's Hist. English Law, vol. ii. 124; July 7th, 1189.

(h) Bevil's case, 4 Rep. 10; Lit. s. 143.

(i) Bennet v. King, 3 Lev. 21; Ley, Livery, 20.

(k) Bevil's case, 4 Rep. 8 b.

(1) Anderson, 57; Foster's case, 8 Rep. 64 b.

fices with fees and profits, (m) and they must be alleged and proved within sixty years; (n) a long and continual possession raises a presumption of a grant even from the crown. (0) The statute 9 Geo. 3, c. 16, limits the claims of the crown to sixty years, (p) reckoned from the right first accruing, (q) or from the party answering as to the rents, or their being in charge, or standing in super of record, e. g. where the lands have been given, adjudged or decreed to the crown, upon a verdict, demurrer, hearing, or by the returns (r) made to the commissioners for auditing the public accounts of rents and profits forming part of the land revenue; even though they have not, within sixty years, received anything in respect of the revenue thereon, or instituted any proceeding or suit to recover any part. Suits and proceedings by the Queen, or on her behalf, upon penal statutes, must be commenced within two years next after a right to sue first accrued; (s) and where the crown has a right of presentation, upon the preferment of the incumbent to a bishopric, it must

(m) Lords' Journals, vol. xxxvi. 225.

(n) Bro. Stat. Lim. 16; Dumsday v. Hughes, 3 Bing. N. C. 439; 4 Scott, 209.

(0) Bedle v. Bread, 12 Rep. 4.

(p) Goodtitle v. Baldwin, 11 East, 488; and by the Dean Forest Encroachment Act, 1 & 2 Vict. c. 42, s. 3, the encroachments coloured red and green, in the Report of the Commissioners, are to be held freed from the title of the Crown.

(q) The Queen v. Vaughan, Cro. El. 507.

(r) Att. Gen. v. Maxwell, 8 Price, 76, n.; Att. Gen. v. Eardley (Lord), ib. 39.

(s) 31 Eliz. c. 5, s. 5; Syvedale v. Sir Edw. Lenthal, Cro. Jac. 365; The Queen v. Franklin, 6 Mod. 220; 2 Ld. Raym. 1038, S. C.