ADDENDA ET CORRIGENDA.

Page 10, note (7), for " p. 12," read "p. 13."

Page 11, note (4), ins. ad fin., “See Soar v. Ashwell, W. N. 1893, 143."

Page 13, note (2), ins. ad fin., "Thorne v. Heard, 41 W. R. 636." Page 15, note (2), ins. ad fin., “See In re Low. Bland v. Low, 37 Sol. Jo. 731; W. N. 1893, 139."

Page 20, note (7), ins. ad fin., “But see Midgley v. Midgley, 41 W. R. 659."

Page 30, note (3), ins. after re Brown, "[1893], 2 Ch. 300."

Page 32, note (4), ins. ad fin., “But see Wolmershausen v. Gullick [1893], 2 Ch. 514."

Page 61, line 16, for "seems," read "

seem."

Page 115, note (6), ins. ad fin., "In re Hawes. In re Burchell. Burchell v. Hawes, 62 L. J. Ch. 463; 67 L. T. 756."

Page 146, note (3), ins. after Brown v. Brown, "[1893], 2 Ch. 300."

Page 155, note (1), ins. after Dibb v. Walker, “[1893], 2 Ch. 429; 41 W. R. 427."

Page 159, note (4), ins. after Dibb v. Walker, "[1893], 2 Ch. 429; 41 W. R. 427."

Page 233, note (2), ins. after Dibb v. Walker, “[1893], 2 Ch. 429.” Page 247, note (3), ins. ad fin., "See Tinker v. Rodwell, 9 Times L. R. 657; 95 L. T. Newsp. 381."

Page 252, note (3), ins. ad fin., "See Soar v. Ashwell, 1893, W. N. 143."

Page 254, note (3), ins. ad fin., “In re Hawes. In re Burchell. Hawes v. Burchell, 62 L. J. Ch. 463; 67 L. T. 756.”

Page 260, note (5), ins. ad fin., "See Thorne v. Heard, 41 W. R.

636."

Page 282, note (3), ins. after Howitt v. Earl of Harrington, "[1893], 2 Ch. 497.”

Page 289, note (2), ins. after Willis v. Earl Howe, "[1893], 2 Ch. 545."

Page 294, note (1), ins. ad fin., “See Haigh v. West [1893], 2 Q. B. 19."

Page 296, note (3), ins. ad fin., " Bevan v. London Portland Cement Co. Limited, 67 L. T. 615."

Page 392, line 21, for "or," read "and."

Page 394, note (3), ins. ad fin., Tinker v. Rodwell, 9 Times L. R. 657; 95 L. T. Newsp. 381.

Page 416, notes (4) & (5), for "Life Assurance," read "Life Association."

Page 439, line 5, del. “ (b).”

Page 451, note (4), ins. ad fin., "[1893], 2 Ch. 545."

Page 494, note (1), after Tichborne v. Weir, ins. "67 L.T. 735." Page 495, note (5), after Willis v. Earl Howe, ins. "[1893], 2 Ch. 545."

Page 522, line 8 from the bottom, for "7," read "47.”

Page 531, note (4), for "37 & 38 Vict.," read "38 & 39 Vict."

THE STATUTES OF LIMITATIONS.

INTRODUCTORY CHAPTER.

This

THE object of this treatise is to consider the way in which the rights of parties in actions, both at law and in equity, and titles to real property, are affected by the various Statutes of Limitations now in force. treatise, from its nature, necessarily deals with almost every right that can become the subject of litigation; these rights, and the remedies by which they can be enforced, are dealt with in such varied combinations in the principal Statutes of Limitations and the amending and modifying Acts, that a clear and systematic arrangement of the subject is very difficult. The different parts of the subject are dealt with in the following order :

I. The statute 21 Jac. I. c. 16 provides limitations for most personal actions in England, founded on simple contract or tort. These limitations and the provisions of the later statutes which modify them, and the corresponding enactments which apply to Ireland, form the subject of Part I.

II. The statute, 3 & 4 Wm. IV. c. 42 provides limitations for certain personal actions in England (chiefly actions on specialties) which are not included in the statute of James. These limitations and the corresponding Irish Acts form the subject of Part II.

III. Part III. deals with the limitations that affect

the recovery of money charged on land, the principal enactments on this subject being the 42nd section of 3 & 4 Wm. IV. c. 27 and the 8th section of 37 & 38 Vict. c. 57, which has taken the place of the 40th section of 3 & 4 Wm. IV. c. 27.

IV. Part IV. treats of the general principles of equity that apply to the subject-matter of the preceding parts.

V. Part V. treats of the limitations that affect the recovery of and the title to real property. The law on this subject is comprised in the remaining sections of 3 & 4 Wm. IV. c. 27 as amended by 37 & 38 Vict. c. 57.

VI. Part VI. deals with the limitations attached to penal actions.

VII. Part VII. deals with the limitations that affect the rights of the Crown, and with certain proceedings in Crown practice.

VIII. Part VIII. treats of the proper mode of pleading the various statutes and of the process which amounts to the commencement of an action so as to save the bar of the statutes.

IX. Part IX. treats of miscellaneous limitations under various Acts.

PART I.

SIMPLE CONTRACTS AND TORTS.

CHAPTER I.

ACTIONS WITHIN 21 JAC. I. CAP. 16, s. 3.

THE principal Statute of Limitations now in force relating to actions arising out of simple contracts or torts, is the 21 Jac. I. cap. 16. The 3rd section of that statute is as follows:

PART I.

CH. I.

"All actions of trespass quare clausum fregit, all actions 21 Jac. 1, of trespass, detinue, action sur trover and replevin for c. 16, s. 3. 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] (1), all actions of debt grounded upon any lending or contract without specialty; all actions of debt for arrearages of rents, 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 hereinafter expressed and not after (that is to say), the said actions 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 (1) See p. 5..