equivalent is not sufficient. (b) So much of the act as makes for the party pleading, (c) must be relied on in the pleading, (d) and in the very words of it, (e) or at least of equivalent import. (f) Long established forms of pleading and precedents adopted in general and approved practice by pleaders of acknowledged professional learning and skill, are of great authority in the absence of decided cases as to the proper mode of relying on provisions of statutes of limitation; (g) and where one party in pleading pleads only so much as it is his interest to plead, the opposite party may in his pleading in answer rely on other matter,(h) the general rule being, that where there is any proviso or exception in the clause of an act so relied on, it should be noticed in the pleading, for here it is parcel of the clause. (i)

(b) Reg. v. Stock, 3 N. & P. 420; Rex v. Maugan (Inhabitants), ib. 502; Hull v. Halliday, 11 Mod. 207.

(c) Fulmerston v. Steward, Plowd. 105, 65, 410.

(d) Puckle v. Moor, 1 Ventr. 191; Stile v. Finch, Cro. Car. 381.

71.

(e) Shortridge v. Lampleigh, 2 Ld. Raym. 798; 7 Mod.

(f) Weddall v. Jocar, 10 Mod. 304; ib. 267; Salk. 520. (g) Doe v. Smith and others, 7 Price, 281.

(h) Read v. Potter, Cro. Jac. 140.

(i) Br. Pleader, pl. 164; Newys v. Lark, Plowd. 410; Jones v. Axen, 1 Ld. Raym. 120.

STATUTES

OF

LIMITATION.

3 Edw. 1, c. 4.

"What shall be adjudged wreck of the sea, and what not."

S. 1.-Concerning wrecks of the sea it is agreed that where a man, a dog, or a cat escape quick out of the ship, that such ship nor barge, nor any thing within them, shall be adjudged wreck, but the goods shall be saved and kept by view of the sheriff, coroner, or the King's bailiff, and delivered into the hands of such as are of the town where the goods were found, so that if any sue for those goods, and after prove that they were his, or perished in his keeping, within a year and a day, they shall be restored (a) to him without delay, and if not they shall remain to the King.

13 Edw. 1, c. 5 (WESTMINSTER 2d).

"Remedies to redress usurpations of advowsons of

churches."

S. 2. From henceforth one form of pleading shall The defendant be observed among justices in writs of darrein present- pleadeth plement and quare impedit, in this respect, if the de- party of his fendant alledgeth plenarty of the church of his own tation.

(a) Infants, femes coverts, parties in prison, and beyond seas, are bound by this non-claim; Constable's case, 5 Rep. 108 a; 1 And. 86.

own presen

presentation, the plea shall not fail by reason of the plenarty; so that the writ (b) be purchased (c) within six months, (d) though he cannot recover his presentation within the six months. (e)

Before whom

and in what

shall be sued

within this realin.

24 HEN. 8, c. 12.

“For the restraint of appeals." (ƒ)

S. 6. And in likewise if it be commenced before the bishop diocesan, or his commissary, from the bishop Courts appeals diocesan, or his commissary, within fifteen days next ensuing the judgment or sentence thereof there given, to the archbishop of the province of Canterbury, if it be within his province; and if it be within the province of York, then to the archbishop of York; and so likewise to all other archbishops in other the King's dominions, as the case by order of justice shall require.

(b) As to the calling of the writ quare impedit instead of quod permittat, the fact was, that there was formerly a writ of quare impedit, now out of use; and the writ quod permittat is now erroneously called by the name of quare impedit; Brac. 246; The King v. The Bishop of Meath and others, 10 Mod. 308; Harrington (Earl) v. Litchfield (Bishop), 4 Bing. N. C. 77; 7 Scott, 371.

(c) i. e. issued.

(d) This is intended half a year, according to the days of the year, which contains in the whole 365 days, and, being divided, the half year is 182 days, that time the patron being the person chiefly regarded in law hath to make presentation. The ordinary cannot collate until the half year be ended; and the metropolitan cannot present after the avoidance of the church until the year fully ended. The Bishop of Peterborough v. Catesby, Cro. Jac. 166.

(e) If the demandant is nonsuit after appearance, it is peremptory and a bar against every other writ; so if on title made, the writ is discontinued; but it is not so if the writ is abated for a misnomer in the writ, for it may be the fault of the clerk in writing it; Sir Hugh Portman's case, 7 Rep. 27 b; Co. Entr. 481, pl. 4; Berkely v. Hansard, 2 Salk. 559. (f) Philips v. Bury, 4 Mod. 106; Coveney's case, 2 Dy. 209 a; Savill and wife v. Kirby, 10 Mod. 385.

S. 7. And if the matter or contention for any of the Appeals ought causes aforesaid be or shall be commenced, by any of the to be within 15 days. King's subjects or resiants, before the archdeacon of any archbishop, or his commissary, then the party grieved shall or may take his appeal within 15 days next after judgment, or sentence there given, to the Court of Arches, or audience, to the same archbishop or archbishops.

23 ELIZ. c. 1.

"An act to retain the Queen's Majesty's subjects in their due obedience."

against the

S. 8.-All and every the offences against this act, or What justices against the acts of the first, fifth, or thirteenth of her may inquire Majesty's reign, touching acknowledging of her Ma- of offences jesty's supream government in causes ecclesiastical, or statute of other matters touching the service of God, or coming 1 Eliz. c. 1; to church or establishment of true religion in this realm, 13 Eliz. c. 2. shall and may be inquirable, as well before justices of peace as other justices named in the same statutes, within one year and a day after every such offence committed.(g)

31 ELIZ. C. 5.

"An act concerning informers."

5 Eliz. c. 1;

S. 5. All actions, suits, bills, indictments, or in- Within what formations, which after twenty days next after the end times suits of this session of parliament shall be had, brought, sued, statutes shall upon penal or exhibited, (h) for any forfeiture upon any statute be pursued.

18.

(g) Lionel Farrington's case, Cro. Car. 10; 1 East, P. C.

the "

(h) The acts of parliament do not define what shall be commencement of the action," it is therefore for the Courts of law to determine what act of the party commences the suit, and after the limited time forbids the act to be done; Johnson, assignee, &c. v. Smith, Burr. 959.-The moment the time limited expires the prohibition attaches, for the legislature says he shall not sue after that time;" and the act done by the party in commencing his action within the

penal (i) made or to be made; whereby the forfeiture is or shall be limited to the Queen, her heirs or successors only, shall be had, brought, sued, or exhibited within two years next after the offence committed, or to be committed against such act penal, and not after two years; and that all actions, suits, bills, or informations which, after the said twenty days shall be had, brought, sued or commenced for any forfeiture, upon any penal statute, made or to be made, except the statute of tillage, the benefit and suit whereof is or shall be by the said statute limited to the Queen, her heirs or successors, and to any other which shall prosecute in that behalf, shall be had, brought, sued or commenced by any person that may lawfully pursue for the same as aforesaid, (j) within one year next after the offence committed, or to be committed against the said statute; (k) and in default of such pursuit, that then the same shall be had, sued, exhibited, or brought (1) for the Queen's Majesty, (m) her heirs or successors, at any time within

limited time, is in the nature of a condition precedent to entitle him to maintain his action.

(i) A statute which gives accumulative damages to the party grieved is not a penal one; Woodgate v. Knatchbull, 2 T. R. 154.

(j) Immediately on commencing the suit the penalty vests in the informer. Grosset v. Ogilvie (in error), 5 Bro. P. C. 75.

(k) As by these provisions the action is required to be commenced within this limited time; it is the duty of the plaintiff to show that he has done so, or he will fail in his suit; for in penal actions the duty, or right of action, attaches in the plaintiff merely by bringing the action; 2 Saund. 63 a, note 6.

(1) The commencement of a suit by information, by the attorney general on the part of the crown, for the recovery of forfeitures under a penal act, is, with reference to the statute of limitations, the issuing of process, and not the actual filing of the information; Attorney-General v. Hall, 11 Price, 760.

(m) Where an act creates a penalty, and gives one half to an informer and one half to the Queen, she may, if no informer has sued, proceed for the whole penalty; Rer v. Hyman, 7 T. R. 536.