The courts of equity will not after ten years (2) enforce as an equitable mortgage a deposit of deeds made at that time, and not set up for years afterwards; nor a claim of lien (a) on partnership assets, where the dissolution was ten years before; nor it seems allow a dividend (b) in bankruptcy for a debt to which the Statute of Limitations applied at the date of the fiat.

In the case of an equitable mortgage, the mortgagor must redeem within six months after the decree; (c) and an infant mortgagor must redeem within six months after he becomes of full age. (d)

Trusts for accumulations (e) are limited to twentyone years from the death of the settlor, or the minority of a person then living.

2. In Courts of Equity the plea of the Statute of Limitations is valid, where there does not appear to be any item within six years; and there is not in the bill an allegation that the accounts were merchant's accounts and if there is not any statement in the bill calling for such an allegation in the plea, it need not allege the absence of disabilities. But if the bill charges a promise against defendant, he must, in order to maintain his plea, (f) deny it therein.

(z) Ex parte Jones, re Oliver, 3 Mont. & Ayr. 152. (a) Ex parte Russell, in re James, id. 192.

(b) Ex parte and re Clarkson, id. 154; sed vide Ex parte Healey,

note.

(c) Lewis v. John, 1 Coop. 8; Thorp v. Gartside, 2 You. & Coll. 730; Miller v. Wood, 1 Keen, 16.

(d) Price v. Carver, 3 Myl. & Cr. 157; 7 Sim. 609.

(e) 39 & 40 Geo. 3, c. 98.

(f) Foley v. Hill, 3 Myl. & Cr. 475; 6 Ves. 586.

E

A devise in trust for the payment of debts will not revive a debt upon which the statute had taken effect by effluxion of time, when the testator or intestate died; (g) and in the case of a decree for a foreclosure, the heir being then an infant, must shew cause within (h) six months next after his coming of full age.

3. A suit in chancery is commenced by the filing (i) of the bill; and in a suit by the Queen on the filing of the information (k) on the part of her attorney general. Where the bill was filed in time, and subsequently amended, though by making a new party, it was held that the original and amended bill formed but one record. ()

The time for filing a demurrer is eight days (m) after the bill is on the file, and it may be in term or vacation.

4. In the House of Lords, every petition of appeal from any decree or sentence of any Court in Equity, in England or Ireland, or of any Court in Scotland, must be presented there within two years (n) from the signing and enrolling, or extracting of such decree or sentence,

(g) Freake v. Cranefeldt, 3 Myln. & Cr. 499; Burke v. Jones, 2 V. & B. 275; Fergus v. Gore, 1 Sch. & Lefroy, 109.

(h) Scholefield v. Heafield, 7 Sim. 609; 3 Myl. & Cr. 157. (i) 4 & 5 Anne, c. 16; Prac. Reg. in Chan. 26, 27.

(k) Mitf. 6, 7.

(1) Thorpe v. Mattingley, 2 You. & Col. 421.

(m) Bullock v. Edington, 1 Sim. 481; General Orders, December, 1833.

(n) Standing Orders, No. 118; 24th March, 1725, 2d June, 1737, 22d June, 1829.

or at the latest before the end of fourteen days, to be accounted from and after the first day of session, or meeting of parliament next ensuing the said term of two years.

If when so entitled the party is under the age of twenty-one years, or a feme covert, non compos mentis, or in prison, or out of Great Britain or Ireland, the petition for reversing the decree or sentence must be brought within two years next after becoming of full age, discoverture, coming of sound mind, enlargement out of prison, or coming into Great Britain or Ireland; and fourteen days, to be computed from and after the first day of the session or meeting of parliament next ensuing the said term of two years; but in no case of absence is it allowed after five years from the date of the last decree or interlocutor appealed against.

When the appeal is from any Court in Westminster Hall, or any other Court of Equity in England, the appellant must, within eight days after (o) the appeal is received, give security to the clerk of the parliaments, and in the form of a recognizance to the Queen, in the penalty of £400, conditioned for the payment of all such costs, as upon the hearing, or by any order, the House may award; where it is from any Court in Scotland, (p) or from any of the Courts of Equity in Ireland, the appellant must give the like security within fourteen days next after the appeal is received by the House.

Where an answer has not been put in during the

(0) Standing Orders, No. 61; 22 June, 1829. (p) Ibid.

same (q) session in which the appeal is presented, the appellant must within eight days, to be accounted from and after the first day of the next session or meeting of parliament, apply for a peremptory day for the respondent to answer. Where it is put in during the same (r) session as the appeal, and a day for hearing has not been appointed; this application must be within eight days from the first day of the next session or meeting of parliament.

On an appeal presented to the House, on or after the first day of any session or meeting of parliament, the appellant and respondent must respectively deliver in their printed cases (s) within four days after the time appointed for the respondent to put in his answer: and a cross appeal (t) by the respondent must be exhibited within a fortnight after his answer was put in to the original appeal.

(9) Standing Orders, No. 108, 29th March, 1720; No. 123, 28th March, 1735.

(r) Ib. No. 107, 29th March, 1720; and 5th April, 1734. (s) Standing Orders, No. 177, 12th June, 1811, 22d June, 1829. (t) Ib. No. 127, 8th March, 1763, 22d June, 1829.

1. BEFORE the Judicial Committee (a) of the Privy Council the general rule is, that an appeal must be brought within one year (b) after the pronouncing of the decree or sentence in the Court below. It has full power (c) to regulate the limit for appeal from the Court of Sudder Dewanny Adawlut in the East Indies, or any other Court of judicature there eastward of the Cape of Good Hope. In appeals relative to the abolition (d) of the slave trade, and prosecuted from the decree or sentence of any Court of Admiralty, or Vice Admiralty, the inhibition must be applied for and decreed

(a) 3 & 4 Will. 4, c. 41.

(b) Gordon v. Lowther, 2 Ld. Raym. 1447. (c) 3 & 4 Will. 4, c. 41, ss. 22, 24.

(d) 5 Geo. 4, c. 113, s. 29.