7. The assignee of any debt, or other chose in action, may sue for the same, Provided (i) The assignment is in writing. (ii) Express notice in writing is given to the debtor, trustee, or other party, from whom the assignor would be [36 & 37 Vict. c. 66, s. 25, subs. 6. Judicature CHAPTER V. THE STATUTES OF LIMITATION. § THE legislature has thought fit to limit by statute the period within which a man shall be allowed to bring an action. The governing Statutes of Limitation are as follows: 21 Jac. 1 c. 16. + 3 & 4 Will. 4, c. 27. 3 & 4 Will. 4, c. 42. | 5 & 6 Vict. c. 97, s. 5. **19 & 20 Vict. c. 97, s. 9. ¶ 37 & 38 Vict. c. 57. And by them the right to bring actions, in various cases, is limited as follows:-The asterisk, or other prefix denoting, on reference, by which Act each cause of action is affected. § IT IS LIMITED TO Twenty YEARS AFTER A CAUSE OF ACTION HAS ACCRUED. ‡ 1. In the case of rent payable under an indenture of demise. † 2. On a judgment. [See post, p. 18.] 3. On a specialty. [See post, p. 20.] 4. On a recognizance. [See post, p. 19.] § IT IS LIMITED TO Twelve YEARS AFTER A RIGHT OF POSSESSION OR A CAUSE OF ACTION HAS ACCRUED. H 1. For the recovery of land. 2. For the recovery of a mortgage debt charged on land. ¶ 3. For the recovery of a legacy charged on land. ¶ 4. For the recovery of any rent charged on land. [NOTE. Rent here means— (i) Rent service. An ancient rent coupled with fealty, It for which the services, in respect of which the land was originally held, have been commuted. may be distrained for at common law. (ii) Rent charge. A rent reserved to the grantor out of the land granted, with a power to distrain for such rent, charged on the land by the deed of grant. (iii) Rent seck (Siccus, dry rent). A rent reserved or granted out of land without the power of distraint being given by the deed of grant. [But now, by 4 Geo. 2, c. 28, s. 5, a power of distraint (iv) Fee farm rent (feudi forma). A perpetual rent, manors. ] IT IS LIMITED TO Six YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. 1. In assumpsit. * 2. In debt. **3. In account. +4. For arrears of rent not reserved under a deed. 5. For interest on money charged on land. 6. In detinue. 7. In trover. * 8. In trespass to land. * 9. In replevin. *10. In case. ‡11. Upon an award, where the submission to the arbitrator is not made by deed. 12. For fines due in respect of copyhold estate. 13. For money levied under a writ of fieri facias. § IT IS LIMITED TO four YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. * For trespass to the person. § IT IS LIMITED TO two YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. + 1. For slander. 2. For penalties under a statute. 3. For injuries resulting from the exercise of local and personal acts of parliament. § DISABILITY, IN CASES WHERE THE LIMIT IS Twelve YEARS. Persons under the disability of— 1. Infancy. 2. Coverture. 3. Unsoundness of mind. and persons claiming through them, have six years grace, in which to bring their action, beyond the time when the disability ceased, or the person under disability has died, as the case may be. Provided that in no case an action is brought more than thirty years after the right first accrued. (a) § THE OPERATION OF THESE STATUTES IS INTERRUPTED, and made to start afresh. 1. In the case of any debt, or legacy, secured on land. (b) 2. In the case of specialty debts, (c) and 3. In the case of simple contract debts. (d) (i) By part payment or part satisfaction on account of either principal or interest. (ii) By an acknowledgement of the debt; which, in order to be valid must be a. In writing. (c) (d) 1. Signed by the party chargeable, or his agent. (d) (e) Y Unqualified, (e) or (a) 37 & 38 Vict. c. 57, ss. 3 and 5. (b) 37 & 38 Vict. c. 57, s. 8. (c) 3 & 4 Will. 4, c. 42, s. 5. (d) 9 Geo. 4, c. 14, s. 1. (e) Collinson v. Margetson, 27 L, J. Ex. 395, If conditional, the condition must be shown to have been fulfilled. (a) Illustration. On the 6th June, 1833, Jones signed a joint and several promissory note, as surety for his brother Robert, and on application for payment on March 6th, 1811, wrote to Humphreys to say, that he, Humphreys, must make his claim on the note on his brother Robert's widow and executrix, and that "what she might be short, he would assist to make up." Mrs. Robert Jones, when applied to, paid nothing; and an action was brought in 1844, against Jones. The Court held that the conditional promise became absolute on Mrs. Jones' failure to pay. (a) [NOTE. The words "I cannot pay the debt at present, but I will pay it as soon as I can," were held to be insufficient to defeat the operation of the statute, in the absence of any proof of the debtor's ability to pay. (b) ] [NOTE. The Lord Chancellor has, at the beginning of the present session (February, 1880) brought in a bill, in which it is proposed to reduce the period within which debts may be recovered, in the case of specialty debts from twenty years to twelve years, and in the case of simple contract debts from six years to three years. It is greatly to be hoped that such a measure may be passed, and there does not seem any good reason, why, in the case of simple contract debts, the period during which a claim may be brought should not be reduced still further; say to one year, in respect of sums not exceeding £10. ] (a) Humphreys v. Jones, 14 M. & W. 1. (b) Tanner v. Smart, 6 B. & C. 603, |