or other rents, within a li mited time. any fee farm rent, or other rent or rents, have been or to the crown shall be answered and actually paid to the King's ma- such fee farm jesty, or to any of his predecessors, heirs or successors, &c. as have within the space of sixty years next before an action, been paid bill, plaint, information, commission, or other suit or proceeding, shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, out of any manors, lands, tenements, or hereditaments, of which manors, lands, tenements, or hereditaments, the estates, rights, or interests, being defective, are established and made sure by this present Act. that the King's majesty, his heirs and successors, shall from henceforth for ever have, hold, and enjoy the said rents and arrearages thereof in such manner and form, and as fully and amply as the same are or were enjoyed at any time within the said space of sixty years. shall or shall not be deemed or to the crown, &c. S. 10.-Provided always and be it enacted by the Provision deauthority of the present parliament, that no putting in claring what charge, (d) nor standing insuper, nor taking or answering the farm rents, revenues, or profits of any of the a putting in said manors, lands, tenements, or hereditaments, by charge, standforce, colour, or pretext of any letters-patent or grants or taking or ing insuper, of concealments, or defective titles, or of manors, lands, answering by tenements, or hereditaments, out of charge, or by force, colour, or pretext of any inquisitions, presentments by or by reason of any commission or other authority to find out concealments, defective titles, or lands, tenements, or hereditaments out of charge, shall be deemed, construed, or taken to be a putting in charge, standing insuper, or taking or answering the farm rents, revenues, or profits, by or to his Majesty, or any of his progenitors or predecessors, heirs or successors, unless thereupon such manors, lands, tenements, or hereditaments, have been or shall be upon some information or suit on the behalf of his Majesty, or some of his progenitors or predecessors, heirs or successors, upon a lawful verdict given or to be given, or demurrer in law adjudged, or upon a hearing, ordered or decreed for his Majesty, or some of his progenitors or predecessors, heirs or successors, or some of them, within the space of sixty years (d) Attorney-General v. Lord Eardley, 8 Price, 73; Dan. 271; 3 E. & Y. 986; 3 Inst. 189. next before the filing, issuing, or commencing of every such action, bill, plaint, information, commission, or other suit or proceedings, as shall at any time or times hereafter be filed, issued, or commenced for recovering the same, or in respect thereof, as aforesaid. Preamble. From the 1st day of Trinity term, 1793, defendants to informations in the nature of quo war 32 GEO. 3, c. 58. "An Act for the Amendment of the Law in Proceedings upon Information in nature of Quo Warranto.” S. 1.-Whereas it would greatly tend to secure the freedom of election, and the quiet, tranquillity and good order of cities, boroughs, and towns corporate, if a certain reasonable limitation of time should be by law established, beyond which no member or officer of any city, borough, or town corporate, should be disturbed in the enjoyment or exercise of his office or franchise which he should have held and enjoyed for such time: be it enacted, that from and after the first day of Trinity term in the year one thousand seven hundred and ninety-three, it shall and may be lawful for the defendant or defendants in any information in the nature of a quo warranto, for the exercise of any office or franchise in any city, ranto, for the borough, or town corporate, whether exhibited with leave of the Court or by his Majesty's Attorney-General, or other officer of the crown on behalf of his Mathe holding jesty, by virtue of any royal prerogative or otherwise, and each and every of them severally and respectively to plead that he or they had first actually taken upon themselves or held or executed the office or franchise which is the subject of such information, six years or more before the exhibiting (e) of such information, such six years to be reckoned and computed from the day on which such defendant so pleading was actually admitted and sworn into such office or franchise, which plea shall and may be pleaded either singly or together, with and besides such plea as he or they might have lawfully exercise of any office, may plead of it six years or more, &c. (e) This has been held to mean six years next before the time when the rule for the information was made absolute; Rex v. Stokes, 2 M. & S. 71. pleaded before the passing of this Act, or such several pleas as the Court on motion shall allow. S. 2.-Provided always, and be it enacted, that in Forfeiture of every such case the prosecutor of such information may office within six years be reply to such plea any forfeiture, or surrender, or avoid- fore informa. ance by the defendant of such office or franchise hap- tion, may be pening within six years before the exhibition of such in- replied to such plea. formation, whereon the defendant may take issue. 53 GEO. 3, c. 127. "An Act for the better Regulation of Ecclesiastical Courts in England, and for the more easy Recovery of Church Rates and Tithes." specting S. 5. No action shall be brought for the recovery of Limitations any penalty for the not setting out tithes, nor any suit in- or actions restituted in any Court of equity, or in any ecclesiastical tithes. Court, to recover the value of any tithes, unless such action shall be brought or such suit commenced within six years from the time when such tithes became due. (ƒ) 53 GEO. 3, c. 141. "An Act to repeal an Act of the Seventeenth Year of the Reign of his present Majesty, intituled An Act for registering the Grant of Life Annuities, and for the better Protection of Infants against such Grants, and to substitute other Provisions in lieu thereof." [14 July, 1813.] S. 2. Within thirty days after the execution of every Annuities,&c. deed, bond, instrument, or other assurance, whereby enrolled in Chancery. (f) So in equity, an account of tithes will only be decreed for six years; Collins v. Archer, 1 Russ. & Myl. 284; Chichester v. Sheldon, Turn. & Russ. 245; 3 E. & Y. 1102; Garrard v. Schollar, 3 Gwill. 1045; 2 E. & Y. 282. In Chancery it is carried down to the Master's report, but on the equity side of the Exchequer it refers only to the filing of the bill; 2 Eag. on Tithes, 372; Carleton v. Brightwell, 2 P. Wms. 462; 2 E. & Y. 7; Gwill. 676; Archbishop of York v. Sir M. Stapleton, 2 Atk. 136; 2 E. & Y. 83; Gw. 772; Bell v. Read. 3 Atk. 590; 2 E. & Y. 110; Gw. 804. Proviso for Ireland, and annuities granted by will, &c. any annuity or rent charge shall, from and after the passing of this Act, be granted for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, a memorial of the date of every such deed, bond, instrument, or other assurance, of the names of all the parties and of all the witnesses thereto, and of the person or persons for whose life or lives such annuity or rent charge shall be granted, and of the person or persons by whom the same is to be beneficially received, the pecuniary consideration or considerations for granting the same, and the annual sum or sums to be paid, shall be enrolled in the high Court of Chancery in the form or to the effect following, with such alterations therein as the nature and circumstances of any particular case may reasonably require: (see the schedule in the Act), otherwise every such deed, bond, instrument, or other assurance, shall be null and void to all intents and purposes. S. 10.-This Act shall not extend to Scotland or IreScotland or land, nor to any annuity or rent charge given by will or marriage settlement, or for the advancement of a child, nor to any annuity or rent charge secured upon freehold or copyhold or customary lands in Great Britain or Ireland, or in any of his Majesty's possessions beyond the seas, of equal or greater annual value than the said annuity, over and above any other annuity, and the interest of any principal sum charged or secured thereon, of which the grantee had notice at the time of the grant, whereof the grantor is seised in fee simple or fee tail in possession, or the fee simple whereof in possession the grantor is enabled to charge at the time of the grant, or secured by the actual transfer of stock in any of the public funds, the dividends whereof are of equal or greater annual value than the said annuity, nor to any voluntary annuity or rent charge granted without regard to pecuniary consideration or money's worth; nor to any annuity or rent charge granted by any body corporate, or under any authority or trust created by act of parliament. 9 GEO. 4, c. 14. "An Act for rendering a Written Memorandum necessary to the Validity of certain Promises and Engagements.' c. 16. S. 1.-Whereas by an Act passed in England in the English Act, twenty-first year of the reign of King James the First, 21 Jac. 1, it was among other things enacted, that all actions (g) of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, (h) all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be cominenced within three years after the end of the then present session of parliament, or within six years next after the cause of such actions or suit and not after; and whereas a similar enactment is contained in an Act passed in Ireland in the tenth year of the reign of King Charles the First; and whereas various questions have arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said enactments, and it is expedient to prevent such questions, and to make a provision for giving effect to the said enactments and to the intention thereof. Be it therefore enacted, by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that in actions of debt, or upon the case, grounded upon any (g) In cases arising under these statutes, and which are unconnected with 3 & 4 Will. 4, c. 27, which regards interests in land, the remedy by action or of set off is alone affected, and the right remains; Hunt v. Burn, 2 Salk. 422; but if the right is released, then the remedy falls also. (h) "It is not that defendant may not plead the statute in all cases where the account is closed and concluded between the parties, and the dealing and transaction over. It was not the meaning to hinder that, but it was to prevent dividing the account between merchants where it was a running account, when, perhaps, part might have begun long before and the account never settled; and, perhaps, there |