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Limitation (a).

For Forms, see pp. 164, 207.

The following tabular view of the limitation in the various actions will probably be found useful.

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Table of
Statutes of
Limitation.

not

Account, action of .

Six years. 21 Jac. 1, c. 16, s. 3 ;

19 & 20 Vict. c. 97, s. 9.
Administrators. See Executors
Admiralty, suits for seamen's wages. Six years. 4 Anne, c. 16, s. 17.
Advowsons, recovery of .

Not after three incumbencies, extend

ing over a period of sixty years'
adverse possession. Incumbencies
after lapse, but not after promo-
tion to bishoprics are reckoned ;
and 100 years' adverse possession
is a complete bar, although
three incumbencies have
elapsed. 3 & 4 Wm. 4, c. 27,

$s. 30, 31, 33. Annuity, action of

Twenty years. 3 & 4 Wm. 4,

c. 27, s. 40. Army, navy, marines, customs or Six months, and one calendar

excise, officers of, actions against, month's notice of action, 8 & 9 for anything done in execution of Vict. c. 87, ss. 117, 121.

office Assault, battery, wounding, or false Four years. 21 Jac. 1, c. 16, s. 3.

imprisonment Assumpsit or promises, action on Six years. 21 Jac. 1, c. 16, s. 3. Award, action of debt upon, where Six years. 3 & 4 Wm. 4, c. 42. the submission

not by

Ss. 3–7.
deed
but if on deed

Twenty years. Ibid.
Battery. See Assault.
Bill of exchange or promissory Within six years after it falls due,

note, payable at a certain period even though given to secure an
after date

advance made before or after date
of bill. 26 Jac. 1, c. 16. (See
Byles, 12th ed., p. 345, and see
Wheatly v. Williams, 1 M. & W.

533.)
The like, payable on a contingency Within six years of the occurrence

of such contingency. Ibid. Bill of exchange or promissory Within six years after date. 26

note, payable at sight or Jac. c. 16 (34 & 35 Vict. c. 74,
demand

s. 2). See Byles on Bills, 12th
ed., p. 344.

was

on

(a) For this note, see post, p. 417.

Table of
Statutes of
Limitation.

Action,

Period of Limitation.-Statute or

Authority.

.

71,

Six years.

The like, payable at a certain period Within six years from the expiration after demand

of that period after demand.

Ibid.
Bond or specialty

Twenty years. 3 & 4 Wm. 4, c. 42,

s. 3. Case (except for words actionable Six years. 21 Jac. 1, c. 16, s. 3, in themselves)

and 3 & 4 Anne, c. 9, s. 2. Cheque, action for non-payment of. Six years from refusal to pay. Ibid. Cheque, action for money, paid on. Six years from payment by banker.

Ibid. ; and see Gardon v. Bruce,

L. R. 3 C. P. 300. Common and other profits à pren. These cannot be defeated after dre, claims to .

thirty years' enjoyment by show. ing their first enjoyment at any prior period. Sixty years' enjoyment gives an indefeasible right, unless under written agreement. 2 & 3 Wm. 4, c.

8. 1. Constables, action against Six calendar months, and one

month's notice of action. 24 Geo. II. c. 6; 7 & 8 Geo. 4,

cc, 29, 30, County Court Acts, action against Within three calendar months.

persons for anything done in pur- 9 & 10 Vict. c. 95, s. 138.

suance of Copyhold fine.

3 & 4 Wm. 4, c. 42,

8. 3. Copyright, action for infringement Twelve calendar months after acof

cruing of cause of action. 5 & 6

Vict. c. 45, s. 26.
Corporate offices and franchises, in. Six years. 32 Geo. 3, c. 58.

formation for usurping
Covenant, action of

Twenty years. 3 & 4 Wm. 4, c. 42,

8. 3. Crown, suits by, relating to land Sixty years next before suit or

claim. 9 Geo. 3, c. 16; 24 & 25

Vict. c. 62.
Debt (if not on specialty). Six years. 21 Jac. 1, c. 16, s. 3.
on specialty. See Bond. Twenty years. 3 & 4 Wm. 4,

c. 92, s. 3.
qui tam. See Penal Statutes.
Deed

Twenty years. Ibid.
Defamation. See Libel; slander.
Detinue

Six years. 21 Jac. 1, c. 16, 8. 3.
Distress, action for wrongful. See

Trespass.
Dower

No arrears or damages on account

.

thereof can be recovered for more than six years ; but sixty years to bring the action, 3 & 4 Wm. 4,

c. 27, s. 41,
Easement. See Trespass ; Case.
Ecclesiastical Courts :-For incon- Eight calendar months. 27 Geo. 3,

tinence or brawling by a clerk
in holy orders, striking in church,
fornication, &c.

C. 44.

.

A

Period of Limitation. --Statute or

Table of Action.

Authority.

Statutes of

Limitation. Ecclesiastical or eleemosynary cor. Within two incumbencies and six

poration sole recovering land or years after a third incumbent ap-
rent.

pointed, if these periods together
amount to sixty years ; if not,
then such further time in addi.
tion as will make up sixty years.

3 & 4 Wm. 4, c. 27, s. 29. Ejectment

Twenty years, ten years allowed

from ceasing of disabilities, but
never to exceed forty years in all.

3 & 4 Wm. 4, c. 27, ss. 2, et seq. Escape, action for

Six years, 3 & 4 Wm. 4, c. 42, s. 3. Executors or administrators. If time have not expired before And see " Injuries to Testator's testator's or intestate's death,

or Intestate's Real Estate," then at any time within a year infra.

after his death. Ibid. s. 2. Execution

Six years from judgment unless by

leave. Jud. Act, 1875, Order

XLII, rr. 18 and 19.
False imprisonment. See Assault.
Fi. fa., money levied on any writ Six years. 3 & 4 Wm. 4, c. 42,
of, action for

ss. 3 to 7. Franchises, claims to

They shall not be defeated after

thirty years' uninterrupted enjoy.
ment, by showing benefits first
enjoyed previous to such period ;
sixty years' enjoyment confers
an indefeasible right, unless
under express agreement by deed

or writing. 2 & 3 Wm. 4, c. 71, Hundred, action against, for damages Three calendar months. 7 & 8 Geo. done by rioters

4, c. 31, s. 3. Indemnity

Six years from date of damnifica.

tion. 21 Jac. 1, c. 16, and see
Reynolds v. Dayle, 1 M. & Gr.

753. Injuries. See Actions under various

headings, e.g., Assault, fc.
Injuries to testator or intestate's If injury committed within six
real estate

months before his death, then
within a year after his death.

3 & 4 Wm. 3, c. 42, s. 2.
Actions of tort against executor If done within six months of his

or administrator, for wrong death, then within six calendar done by testator or intestate to months after entering upon office, real or personal property of provided the damages rankas others

simple contract debts. Judgment, revival of .

Every six years. 15 & 16 Vict.

c. 76, s. 128 ; and Jud. Act, 1875,

Order XLII. r. 18.
Justices of the peace, actions Six calendar months, and one
against.

month's notice of action. 11 &
12 Vict.c. 44, ss. 8, 9.

8.1.

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Table of

Period of Limitation.-Statute or Action. Statutes of

Authority. Limitation.

Land, right of entry for the re- Twenty years. No descent cast or covery of.

discontinuance after 31st Dec.,
1833, shall defeat it. (But see
37 & 38 Vict. c. 57.) 3 & 4 Wm. 4,

c. 27, ss. 2 and 39.
civil right of Crown in suits Sixty years. 9 Geo. 3, c. 16.

for
Legacies

Twenty years. Ibid. s. 40.
Libel

Six years. 21 Jac. 1, c. 16, 8. 3.
Light and Air, right to

After twenty years uninterrupted

enjoyment; no disability prevents the running of this time.

2 & 3 Wm. 4, c. 71, s. 3.
Local authorities acting under Six months. 38 & 39 Vict. c. 55,
Public Health Act, 1875, actions

8. 264.
against
Mandamus.

Not after many years' delay. No

statute. Rex v. The Commis-
sioners of Cockermouth Inclosure

Act, 1 Barn, & Adol. 387.
Merchants' accounts

Six years. 19 & 20 Vict. c. 97, s. 9.
Mortgaged lands, action to recover. Within twenty years next after the

last payment of any part of the
principal money or interest. 3 & 4
Wm. 4, c. 27, s. 1, interpreted by

7 Wm. 4 & 1 Vict. c. 28.
Nuisance. See Case.
Penal Actions .

Two years when forfeiture goes to

Crown ; one year when it goes to
Crown and prosecutor, and in
default, then within two years by
Crown. 31 Eliz. c. 5, s. 5, and 3

& 4 Wm. 4, c. 42, s. 3.
Personal estate of intestate, suit to Twenty years after accruing of right
recover from legal personal repre- to a person capable of giving a
sentative.

discharge ; or if in meantime some part or interest in such estate has been accounted for or paid, or an acknowledgment in writing, signed by the person liable or his agent, has been given to the person entitled or his agent, twenty years after the last accounting, payment, or acknow

ledgment. 23 & 24 Vict. c. 38, s. 13. Where persons killed by accidents Twelve calendar months after their

caused by negligence, which death. 9 & 10 Vict. c. 93. 8. 3; would have entitled them to and see 27 & 28 Vict. c. 95, s. I, have brought actions if death had which provides that where there not ensued an action may be is no executor, &c., or he does brought for the benefit of the not bring an action within six wife, husband, parent, or child, months, the persons beneficially &c., by the executor or adminis- interested may do so.

trator of the deceased Promissory note.

See Biu of Ec: change.

One year.

to

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Table of
Action.

Period of Limitation. --Statute or
Authority,

Statutes of

LimitaPublic Health Act, 1875, actions Six months. 38 & 39 Vict. c. 55, tion. against persons acting under

8. 264. Public, local, and personal, or local Two years, or in case of continuing

and personal acts, action for any- damage, then within one year I thing done in pursuance of any after such damage shall have

ceased. 5 & 6 Vict. c. 97, s. 5. Qui tam. See Penal Actions, supra. Quit-rent, action of debt for

Six years. 21 Jac. 1, c. 16, s. 3. Quo warranto

7 Wm. 4 & 1 Vict.

c. 78, and 6 & 7 Vict. c. 89. Real property, actions relating Twenty years after right accrued,

ride supra. 3 & 4 Wm. 4, c. 27. Recognizances, proceedings upon Twenty years. 3 & 4 Wm. 4, c. 42,

8, 3. Recovery of land.

See Ejectment. Rent due under lease by deed Twenty years. Ibid. by parol do.

Six years. 3 & 4 Wm. 4, c. 27, s. 42. charge, proceeding for, secured Twenty years. 3 & 4 Wm. 4, c. 42, by deed

8. 3. Replevin

Six years. 21 Jac. 1, c. 16, s. 3. Scire facias on a recognizance Twenty years. 3 & 4 Wm. 4, c. 42,

ss. 3 to 7. Seduction

Six years. 21 Jac. 1, c. 16, s. 3.
Service, Loss of. See Seduction.
Slander, verbal (unless special Two years. Ibid.
damage)
if special damage

Six years. See Case.
Tithe, suit to recover the value of Six years. Ibid.
Trespass (except assault, battery, Six years. 21 Jac. 1, c. 16, s. 3.

wounding, or false imprisonment)
i.e., quare cl. fr. and de bonis

asportatis Trespass for mesne profits

Six years' arrears. Ibid.
Trover

Six years. Ibid.
Way or watercourse, right of It shall not be defeated after twenty

years' uninterrupted enjoyment,
by showing its first enjoyment,
prior to such period. Forty years'
enjoyment gives an absolute and
indefeasible right, unless under
an express agreement, by deed or
writing. 2 & 3 Wm. 4, c. 71,

8. 2.
Words. See Slander.
Wounding. See Assault.

Four years. Ibid.

(a) From what time statutcs run.]—The statutes begin to run from From the breach of the covenant or contract, and not from the discovery of it, what time as where a neglect of duty by an attorney was not discovered until after statutes six years ; (Short v. McCarthy, 3 B. & A. 626 ; Colren v. Buckle, 8 run in M. & W. 680), even though the defendant has fraudulently concealed the case of cause of action. (Imperial Gas Co. v. London Gas Co., 10 Ex. 39 ; 23 contracts. L. J. Ex. 303.) In case of breach of contract to deliver goods, the statute

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