ecessors, or in his own possession, or in the possession of any other whose estate shall pretend or claim to have above fiftie years next before the making of the said Avowry or cognisance.

[* ii]

*All formedons in reverter, formedons in remainder, and Scire facias, upon fines of any Mannors, Lands, Tenements, or other Hereditaments, shall bee sued and taken within fiftie years next after the title and cause of action fallend, and at no time after the said fiftie yeares passed.

If any person or persons doe at any time sue any of the said actions or writs for any Mannor, Lands, Tenements, or other Hereditaments, or make any avowry, cognisance, prescription, title, or claime of, or for any rent, suite, service, or other Hereditaments, and cannot prove that he or they, or his or their Ancestors or predecessors were in actuall possession or seisin of, or in the same Mannors, Lands, Tenements, and Hereditaments, and at any time within the yeares before limited in this act, and in manner and forme aforesaid; if the same be traversed or denied by the partie, person, or defendant, then after such triall therein had, all and every such person and persons and their heires, shall from thenceforth be utterly barred forever of all and every the said writs, actions, avowries, cognisance, prescription, title, and claim hereafter to be sued, had, or made of, and for the same Mannors, Lands, &c., or other the premises, or any part of the same.

Provided always, that every person and persons which now have any of the said actions, writs, avowries, Scire facias, Com. Title, cognisance, title, claim, or prescription depending; or that shall hereafter bring any of the said actions, or make any of the said avowries, prescription, title, &c., at any time before the Feast of the Ascention of our Lord, 1546, shall alleadge the seisin of his or their Ancestors or predecessors, and his owne possession and seisin, and have also all other like advantage to all intents. and purposes in the same writs, actions, avowries, cognisances, and prescriptions, titles, and clayme, as he or they might have had at any time before the making of this Statute.

Provided also, that if any person being within the age of twenty-one yeares, covert, baron, or in prison, or out of this Realm of England, nor having cause to sue or bring any of the said writs, actions, or to make any avowries, cognisances, prescriptions, titles, or claymes, that such person or persons may sue, commence, or bring any of the said writs or actions, or make any of the said avowries, cognisances, prescriptions, title, or claime at any time within six yeares next after such person, nor being within age shall accomplish the age of 21 yeares, or within six yeares next after such person now being in prison shall bee enlarged, or never being out of the Realme, come into the Realme. And that every such person in their said actions, writs, avowries, cognisances, prescriptions, title or claime to be made, &c., within the said six yeares, shall alleadge within the said six

yeares, the seisin of his or their Ancestors or predecessors, or of his owne possession, or of the possession of those whose estate hee shall then clayme. And also within the same six yeares shall have all and every such advantages in the same as he or they might have had before the making of this act.

* Provided, also, that if it happen the said person now being within [* iii] age covert baron in prison or out of this Realme, having cause to sue or bring any of the said writs, avowries, cognisances, descriptions, &c. to die within age, or during condition, &c. or to disease within six yeares next after such person shall attain his full age, or be at large, &c. and no determination or judgment had of such titles, actions, or rights to them so accrued, then the next heire to such person or persons shall have and enjoy such liberty and advantage to sue, &c. within six years next after the death of such person or persons now imprisoned, &c. in such manner as the same infant after his full age, or the said woman covert after, &c. should or might have had within six years then next ensuing, by virtue of the provision last before rehearsed.

Provided, also, that if any person before Ascension, 1546, sue or commence any of the said writs, &c. or make any avowry, &c. and the same happen by the death of any of the sayd parties, to bee abated before judgment or determination thereof, then the same person or persons being demandants or avowants, or making such title prescription, &c. being then alive, and if not, then the next heire of such person so deceased may pursue his action, and make his avowry, &c. upon the same matter within one yeare next after such action or suite abated, and shal enjoy all such advantage to make their said titles within the said one yeare, as the demandant demandants in such writs, &c. should or might have had or enjoyed in the said former action or suite.

Provided, furthermore, that if any false Verdict happen hereafter to be given or made in any of the said actions, suites, avowries, prescriptions, titles, or claymes; that then the partie grieved by reason of the same, shall and may have his Attaint upon every such Verdict so given or made, and the plaintiffe in the Attaint upon judgment for him given, shall have his recovery, execution, and other advantage in like manner as heretofore hath been used, anything in this Statute contained, to the contrary notwithstanding.

By the Statute 21 James I. Ch. 16, entitled, “An act for limitation of actions, and for avoiding of suits in Law."

For quieting of men's estates and avoiding of suits, be it enacted by the King's most excellent majesty, the Lords spiritual and temporal, and Com

mons, in this present Parliament assembled, that all writs of formedon in descender, formedon in remainder, and formedon in reverter, at any time hereafter to be sued or brought, of, or for any mannors, lands, tenements, or

hereditaments, whereunto any person or persons now hath or have [iv] any * title, or cause to have or pursue any such writ, shall be sued or taken within twenty years next after the end of this present session of Parliament: And after the said twenty years expired, no person or persons, or any of their heirs, shall have or maintain any such writ, of or for any of the said manors, lands, tenements, or hereditaments; (2) and that all writs of formedon in descender, formedon in remainder, formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause hereafter happening, shall be sued or taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years; (3) and that no person or persons that now hath any right or title of entry into any manors, lands, tenements, or hereditaments now held from him or them, shall thereinto enter, but within twenty years next after the end of this present session of Parliament, or within twenty years next after any other title of entry accrued; (4) and that no person or persons shall at any time hereafter, make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall hereafter first descend or accrue to the same; and in default thereof, such persons so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made; any former law or statute to the contrary notwithstanding.

II. Provided, nevertheless, That if any person or persons that is or shall be entitled to such writ or writs, or that hath or shall have such right or title of entry, be, or shall be, at the time of the said right or title first descended, accrued, come, or fallen within the age of one-and-twenty years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said twenty years be expired, bring his action, or make his entry as he might have done before this act : (2) so as such person and persons, or his or their heir and heirs, shall, within ten years next after his and their full age, discoverture, coming of sound mind, enlargement out of prison, or coming into this realm, or death, take benefit of and sue forth the same, and at no time after the said ten years.

III. And be it further enacted, That all actions of trespass quare clausum fregit, all actions of trespass, detinue, action, sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt

grounded upon any lending or contract without speciality; all actions of debt for arrearages of rent, and all actions of assault, menace, battery, wounding, and imprisonment, or any of them, which shall be sued or brought at any time after the end of this present session of Parliament, shall be commenced and sued within the time and limitation hereafter expressed, and not after; * (that is to say,) (2) the said actions [* v] upon the case (other than for slander), and the said actions for account, and the said actions for trespass, debt, detinue, and replevin for goods or cattle, and the said action of trespass quare clausum fregit, within three years next after the end of this present session of Parliament, or within six years next after the cause of such actions or suit, and not after; (3) and the said actions of trespass, of assault, battery, wounding, imprisonment, or any of them, within one year next after the end of this present session of Parliament, or within four years next after the cause of such actions or suit, and not after; (4) and the said action upon the case for words, within one year after the end of this present session of Parliament, or within two years next after the words spoken, and not after.

IV. And, nevertheless, be it enacted, That if in any the said actions or suits, 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, writ, or bill; or if any the said actions shall be brought by original, and the defendant therein be outlawed, and shall after reverse the outlawry, that in all such cases the party plaintiff, his heirs, 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 judgment given against the plaintiff, or outlawry reversed, and not after.

v. And be it further enacted, That in all actions of trespass quare clausum fregit, hereafter to be brought, wherein the defendant or defendants shall disclaim in his or their plea to make any title or claim to the land in which the trespass is by the declaration supposed to be done, and the trespass be by negligence, or involuntary, the defendant or defendants shall be permitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought, whereupon, or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue; (2) and if the said issue be found for the defendant or defendants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions, and all other suits concerning the same.

VI. And be it further enacted by the authority aforesaid, That in all actions upon the case for slanderous words, to be sued or prosecuted by any person or persons in any the courts of record at Westminster, or in

any court whatsoever, that hath power to hold plea of the same, after the end of this present session of Parliament, if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the [vi] damages so given or assessed amount unto, without any further increase of the same; any law, statute, custom, or usage to the contrary in anywise notwithstanding.

*

VII. Provided, nevertheless, and be it further enacted, That if any person or persons that is or shall be entitled to any such action of trespass, detinue, action sur trover, replevin, actions of account, actions of debt, actions of trespass for assault, menace, battery, wounding, or imprisonment, actions upon the case for words, be, or shall be, at the time of any such cause of action given or accrued, fallen or come within the age of twentyone years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should be done.

By Statute of 3 and 4 William IV. Ch. 27.

By this Act, unprefaced by any recital, it is enacted,

1. That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word "land" shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual and eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freeholder or chattel interest, and whether freehold or copyhold, or held according to any other tenure; and the word "rent" shall extend to all heriots, and to all services and suits for which a distress may be made, and to all annuities and periodical sums of money charged upon or payable out of any land (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole); and the person through whom another person is said to claim shall mean any person by, through, or under, or by the act of whom, the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England,