Gambar halaman
PDF
ePub

p. 54.

within one

year.

by his plaint, writ or bill, or if any the said actions shall be may be
brought by original, and the defendant therein be outlawed brought
and shall after reverse the outlawry, that in all such cases
the party plaintiff, his heir, 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.

actions within the

after their disability ceases.

7. Provided, nevertheless, that if any person or persons Infants, that is or shall be entitled to any such action of trespass, &c., may bring such detinue, action sur trover, replevin, actions of accounts, personal actions of debts, action of trespass for assault, menace, battery, wounding or imprisonment, actions upon the case several for words, be or shall be at the time of any such cause of periods action given or accrued, fallen or come, within the age of twenty-one 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 have done.

Limita

tions of suits for seamen's wages.

Proviso for
plaintiffs
in respect
of infancy,
&c., in such

suits.

And for

defendants beyond sea in such suits, and also in

trespass, detinue,

&c.

4 & 5 ANNE, c. 3 (ALSO CALLED 4 ANNE, c. 16), ss. 17, 18 & 19.

An Act for the Amendment of the Law and the better

Advancement of Justice.

17. All suits and actions in the Court of Admiralty for seamen's wages, which shall become due after the said first day of Trinity term (i.e. 1706) shall be commenced and sued p. 14. within six years next after the cause of such suits or actions shall accrue and not after.

18. Provided nevertheless. . . that if any person or persons who is or shall be entitled to any such suit or action for seamen's wages be or shall be at the time of any such cause of suit or action accrued, fallen or come, within the age of twenty-one 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 six years next after their coming to or being of full age, discovert, of sane memory, at large and returned from beyond the seas.

p. 54.

19. And... if any person or persons against whom there is or shall be any such cause of suit or action for seamen's wages or against whom there shall be any cause of action of trespass, detinue, action sur trover, or replevin for taking away actions of goods or cattle, or of action of account or upon the case or of debt grounded upon any lending or contract without specialty, of debt for arrearages of rent, or assault, menace, battery, p. 55. wounding and imprisonment or any of them be or shall be at the time of any such cause of suit or action given or accrued, fallen or come, beyond the seas, that then such person or persons who is or shall be entitled to any such suit or action shall be at liberty to bring the said actions against such person and persons after their return from beyond the seas, so as they take the same after their return from beyond the seas, within such times as are respectively limited for the bringing of the said actions before by this Act and by the said other Act made in the one-and-twentieth year of the reign of King James the First.

[ocr errors]

P. 518.

9 GEO. III. c. 16 (NULLUM TEMPUS ACT).

An Act to amend and render more effectual an Act made in the
Twenty-first Year of the Reign of King James the First,
intituled "An Act for the general Quiet of the Subjects
against all Pretences of Concealment whatsoever."

WHEREAS an Act of Parliament was made and passed in the Preamble.
twenty-first year of the reign of King James the First, inti- Act 21 Jac.
tuled "An Act for the general quiet of the subjects against 1, c. 2.
all pretences of concealment whatsoever," and thereby the
right and title of the King, his heirs and successors, in and
to all manors, lands, tenements, tithes, and hereditaments
(except liberties and franchises) were limited to sixty years
next before the beginning of the said session of Parliament;
and other provisions and regulations were therein made for
securing to all his Majesty's subjects the free and quiet
enjoyment of all manors, lands, and hereditaments which
they or those under whom they claimed respectively had,
held, or enjoyed, or whereof they had taken the rents,
revenues, issues, or profits for the space of sixty years next
before the beginning of the said session of Parliament: And
whereas the said Act is now by efflux of time become ineffec-
tual to answer the good end and purpose of securing the
general quiet of the subjects against all pretences of conceal-
ment whatsoever: Wherefore be it enacted by the King's
most excellent Majesty, by and with the assent and consent
of the Lords spiritual and temporal, and the Commons, in
this present Parliament assembled, and by the authority of
the same, that the King's Majesty, his heirs or successors, The Crown
shall not at any time hereafter sue, impeach, question, or
implead any person or persons, bodies politic or corporate, for
or in anywise concerning any manors, lands, tenements, rents,
tythes, or hereditaments whatsoever (other than liberties or
franchises), or for or in any wise concerning the revenues, lands, or

shall not

sue or im

plead any person for

any

manors,

heredita

where the right hath not or shall

not first accrue and grow within sixty years next before the commenc

ing such suit, &c.;

issues, or profits thereof, or make any title, claim, challenge, ments, &c., or demand of, in, or to the same or any of them, by reason of any right or title which hath not first accrued and grown or which shall not hereafter first accrue and grow within the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, unless his Majesty, or some of his progenitors, predecessors, or ancestors, heirs or successors, or some other person or persons, bodies politic or corporate, under whom his Majesty, his heirs or successors, any thing hath or lawfully claimeth or shall have or lawfully claim, have or shall have been answered, by force and virtue of any such right or title to the same, the rents, revenues, issues, or profits thereof, or the rents, issues, or profits of any honour, manor, or other hereditament whereof the premises in question shall be part or parcel, within the said space of sixty years, or that the same have or shall have been duly in charge to his Majesty, or some of his progenitors, predecessors, or ancestors, heirs, or successors, or have or of shall have stood insuper of record, within the said space sixty years; and that all and every person or persons, bodies politic and corporate, their heirs and successors, and all claiming by, from, or under them or any of them, for and according to their and every of their several estates and interests which they have or claim to have or shall or may have or claim to have in the same respectively, shall at all times hereafter quietly and freely have, hold, and enjoy, against his Majesty, his heirs and successors, claiming by any title which hath not first accrued or grown or which shall not hereafter first accrue or grow within the said space of sixty years, all and singular manors, lands, tenements, rents, tythes, and hereditaments whatsoever (except liberties and franchises) which he or they, or his or their or any of their ancestors or predecessors, or those from, by, or under whom they do or shall claim, have or shall have held or enjoyed, or taken the rents, revenues, issues, or profits thereof, by the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or

and the subject secured in

the free and

quiet enjoyinent thereof, as Well

against the Crown, &c.,

times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, unless his Majesty, or some of his progenitors, predecessors, or ancestors, heirs or successors, or some other person or persons, bodies politic or corporate, by, from, or under whom his Majesty, his heirs or successors, any thing hath or lawfully claimeth, or shall have or lawfully claim in the said manors, lands, tenements, rents, tythes, or hereditaments, by force of any right or title, have been or shall have been answered by virtue of any such right or title, the rents, revenues, issues, or other profits thereof within the said space of sixty years, or that the same have or shall have been duly in charge or stood insuper of record as aforesaid within the said space of sixty years; and furthermore, that all and every person and persons, bodies politic and corporate, their heirs and successors, and all claiming or to claim by, from, or under them or any of them, for and according to their and every of their several estates and interests which they have or claim or shall or may have or claim respectively, shall for ever hereafter quietly and freely have, hold, and enjoy all such manors, lands, tenements, rents, tythes, and hereditaments (except liberties and franchises) as they now have, claim, or enjoy, or hereafter shall or may have, claim, or enjoy, whereof his Majesty, his progenitors, predecessors, or ancestors, or whereof his Majesty, his heirs or successors, or he or they by, from, or under whom his Majesty, his heirs or successors, any thing hath or lawfully claimeth or shall have or lawfully claim, or some of them, by force of some right or title to the same, have not or shall not have been answered, by virtue of such right or title, the rents, revenues, issues, or profits thereof within the space of sixty years next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceeding as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, nor the same have been nor shall have been duly in charge, or stood insuper of record as aforesaid, within the said space of sixty years, against all and every person and persons, their heirs and assigns, having, claiming, or pretending to have, or who shall or may have, as against claim, or pretend to have, any estate, right, title, interest, all persons claiming claim, or demand whatsoever of, in, or to the same by force

any estate

« SebelumnyaLanjutkan »