No. I. 32 H. VIII. c. 2. suit for land of his own possession. sory, upon the possession of any of his ancestors or predecessors, for any manors, lands, tenements or other hereditaments, of any further seisin or possession of his or their ancestor or predecessor, but only of the seisin or possession of his or their ancestor or predecessor, which was, or hereafter shall be seised of the same manors, lands, tenements or other hereditaments, within fifty years next before the teste of the original of the same writ hereafter to be brought. III. And be it further enacted by the authority aforesaid, That no Concerning person nor persons shall hereafter sue, have or maintain any action for any manors, lands, tenements, or other hereditaments of or upon his or their own seisin or possession therein, above thirty years next before the teste of the original of the same writ hereafter to be brought. IV. And be it also enacted by the authority aforesaid, That no person nor persons shall hereafter make any avowry or cognizance for any rent, suit or service, and allege any seisin of any rent, suit or service in the same avowry or cognizance, in the possession of his or their ancestors or predecessors or predecessor, or in his own possession, or in the possession of any other, whose estate he shall pretend or claim to have, above fifty years (1) next before the making of the said avowry or cognizance. V. And over that be it enacted by the authority aforesaid, That all Formedons in formedons in reverter, formedons in remainder, and scire facias upon reverter or refines, of any manors, lands, tenements, or other hereditaments, at any mainder, scire time hereafter to be sued, shall be sued, used and taken within fifty facias upon years next after that the title and cause of action fallen, and at no time after the said fifty years passed. Avowry or cognizance for any rent, suit, or service. fines. VI. And be it also enacted by the authority aforesaid, That if any Bar for default person or persons at any time hereafter do sue any of the said actions of seisin within or writs, for any manors, lands, tenements, or other hereditaments, or the time of limake any avowry, cognizance, prescription, title or claim of or for any mitation. rent, suit, service, or other hereditaments, and cannot prove that he or they, or his or their ancestors or predecessors, were in actual possession or seisin of and in the same manors, lands, tenements, rents, suits, services, annuities, commons, pensions, portions, corrodies or other hereditaments, at any time or times within the years before limited and appointed in this present Act, and in manner and form as is aforesaid, if the same be traversed or denied by the party plaintiff, demandant or avowant, or by the party tenant or defendant, that then and after such trial therein had all and every such person and persons and their heirs, shall from henceforth be utterly barred for ever, of all and every the said writs, actions, avowries, cognizance, prescription, title or claim hereafter to be sued, had or made, of and for the same manors, lands, tenements, hereditaments or other the premises, or any part of the same, for the which the same action, writ, avowry, cognizance, prescription, title or claim hereafter shall be at any time had, sued or made. VII. Provided alway, and be it enacted by the authority aforesaid, A proviso for That all and every person and persons which now have any of the said suits depending actions, writs, avowries, scire facias, cognizance, prescription, title or A. D. 1546. claim depending, or that hereafter shall sue, commence, make or bring any of the said writs or actions, or make any of the said avowries, cognizances, prescription, titles or claim, at any time before the Feast of the Ascension of our Lord God, which shall be in the year of our Lord God, a thousand five hundred forty and six, shall allege the seisin of his or their ancestors or predecessors, or his own possession and seisin, and also have all other like advantages to all intents and purposes in the (1) This limitation only applies where it is necessary to allege seisin, and not where a rent is expressly created by deed; in which case there is no limitation; 1 Inst. 115, a; Foster's case, 8 Rep. 64. But this is subject to the qualification that the certainty of the rent should appear in the deed; for if the deed only reserves such rent as the person reserving pays over, without expressing what it is, scisin is VOL. III. Q equally necessary to both rents, and both are within the statute; I Inst. ub. sup.; Collins v. Goodall, 2 Vern. 255; and see Stackhouse v. Barnston, 10 Ves. 466. As to presumptions of release or extinguishment from length of time, see the S. C., and Eldrige v. Knott, Cowp. 214. The statute does not attach upon a rent created originally by Act of Parliament; Fawlkner v. Bellingham, Cro. Car. 81. No. I. 32 H. VIII. c. 2. A proviso to relieve women covert, infants within age, persons in prison, or out of the realm, at the time of this sta tute made. A remedy to relieve theheirs of an infant, a woman covert, any person in prison, or out of the realm, if the party himself die before judgment. A remedy for the heir, if the suit of his ancestor abate before judgment. 1 same writs, actions, avowries, cognizances, prescriptions, titles and claims, as he or they might have had at any time before the making of this estatute; this Act or any thing therein contained to the contrary notwithstanding. VIII. Provided also, and be it further enacted by the authority aforesaid, That if any person or persons now being within the age of twentyone years, or covert baron, or in prison, or out of this realm of England, now having cause to have, sue, commence, make or bring any of the said writs or actions, or to make any avowries, cognizances, prescriptions, titles or claims, that it shall be lawful to such person or persons being within age, covert baron, in prison, or out of this realm, to sue, commence, or bring any of the said writs or actions, or make any of the said avowries, cognizances, prescriptions, titles or claims, at any time within six years next after such person or persons now being within age, shall accomplish the age of one and twenty years, or within six years next after such person or persons now being covert baron, shall be sole, or within six years next after such person or persons, now being in prison, shall be set at his liberty, or within six years next after such person or persons now being out of this realm, shall come and be within this realm: And that every such person and persons in their said actions, writs, avowries, cognizances, prescription, titles or claims to be made, sued or commenced within the said six years, shall allege within the six years the seisin of his or their ancestors or predecessors, or of his own possession or of the possession of those whose estate he shall then claim; and also within the same six years shall have all and ̧ every like advantages to all intents and purposes in the same, as he or they might have had before the making of this Act, and as though this Act had never been had ne made; this Act nor any thing therein contained to the contrary notwithstanding. IX. Provided also, That if it happen the said person or persons, not being within age, or covert baron, in prison, or out of this realm, having cause to sue, commence, make or bring any the said writs, actions, avowries, cognizance, prescription, title or claim, to decease within age, or being covert, as is aforesaid, or during the time he or they shall be in prison or out of this realm, or to decease within six years next after such person or persons shall accomplish his or their full ages, or shall be at large within this realm, or shall become sole, and no determination or judgment had of such titles, actions, or rights, so to them accrued; that then the next heir or heirs of such person or persons being in prison, or out of this realm, or within age, or being covert baron, so dying, shall have and enjoy all and every such liberty and advantage to sue, demand, advow, declare or make their said titles, claims or prescriptions within six years next after the death of such person or persons now imprisoned or being out of this realm, or within age, or covert de baron, in such or like manner and form to all intents and purposes as the same infant after his full age, or the said woman covert after the death of her husband, or the same person being out of this realm after his repair or coming into the same, or the said person imprisoned after his enlargement and coming out of prison, should or might have had within six years then next ensuing, by force and virtue of the provision last before rehearsed; any thing in this Act contained to the contrary thereof, in any wise notwithstanding. X. Provided also, That if any person or persons before the said Feast of the Ascension of our Lord God, which shall be in the said year of our Lord God One thousand five hundred and forty-six, commence and sue of the said actions or writs, or make any avowry, prescription, any title or claim, and the same action, writ, avowry, cognizance, prescription, title or claim happen, by the death of any of the parties to the same, to be abated before judgment or determination thereof had; that then the said person or persons, being demandants or avowants, or making any such cognizance, prescription, title or claim, being then alive, and if not, then the next heir or heirs of such person or persons so deceased, may commence and pursue his or their action and suit, and Limitations. Class VIII.] XI. Provided furthermore, That if any false verdict happen hereafter to be given or made in any of the said actions, suits, avowries, prescriptions, titles or claims, that then the party grieved by reason of the same shall and may have his attaint upon every such verdict so given or made, and the plaintiff in the same attaint, upon judgment for him given, shall have his recovery, execution and other advantage in like manner and form as heretofore hath been used and accustomed; any thing before in this Act contained to the contrary thereof notwithstanding. No. I. H. VIII. c. 2. The party grieved may have an attaint verdict given. upon a false c. 5. Certain writs andActs whereunto the Statute of Limitation made 32 H. VIII. c. 2. shall not extend. [No. II. ]1 Mary, Session 2, c. 5.-An Act for the Limitation of Prescription in certain cases. WHERE at a Parliament holden at Westminster, the twenty-fourth 1 Mary, sess. 2. day of July, in the thirty-second year of the reign of the late King of famous memory, King Henry the Eighth, it was enacted, That no manner of person or persons should from thenceforth sue, ‹ have or maintain any writ of right, or make any prescription, title or ' claim of, to or for any manors, lands, tenements, rents, annuities, 'commons, pensions, portions, corrodies or other hereditaments of the possession of his or their ancestor or predecessor, and declare and 'allege any further seisin or possession of his or their ancestor or pre"decessor, but only of the seisin or possession of his ancestor or predecessor which hath been, or then was or shall be seised of the said < manors, lands, tenements, rents, annuities, commons, pensions, por<tions, corrodies or other hereditaments within threescore years next before the teste of the same writ, or next before the said prescription, title, or claim, sucd, commenced, brought, made or had after the 'making of the same Act. A rehearsal of part of the stat. of 32 H. VIII. c. 2. touching limitation of II. And where also it was further enacted by the authority aforesaid, ' amongst other things, that no person or persons should after that make any avowry or cognizance for any rent, suit or service, or allege any seisin of any rent, suit or service, in the same avowry or cognizance, in the possession of his or their ancestors or predecessor or prede⚫cessors, or in his own possession, or in the possession of any other prescription. 'whose estate he should after that pretend or claim to have, above fifty years next before the making of the said avowry or cognizance. 6 III. And where by the same Act it was also further enacted amongst other things, That if any person or persons at any time after that, did sue any of the said actions or writs for any manors, lands, tene⚫ments or other hereditaments, or make any avowry, cognizance, pre'scription, title or claim of or for any rent, suit, service or other here'ditaments, and could not prove that he or they, or his or their ances'tors or predecessors were in actual possession and seisin of and in the same manors, lands, tenements, rents, suits, services, annuities, commons, pensions, portions, corrodies, or other hereditaments, at any ' time or times within the years before limited and appointed in the same Act, in manner and form as is aforesaid; that if the same seisin ' were traversed or denied by the party plaintiff, demandant or avowant, or by the party tenant or defendant, that the and after such • trial therein had, all and every such person and persons and their heirs, should from thenceforth be utterly barred for ever of all and 6 every the said writs, actions, avowries, cognizance, prescription, title and claim after that to be sued, had or made of and for the same No. II. 1 Mary, sess. 2. c. 5. Certain doubts moved upon the said statute of 32 H. VIII. c. 2. Certain writs unto the said statute shallnot extend. manors, lands, tenements, hereditaments or other the premises, or any part of the same, for the which the same action, writ, avowry, cognizance, prescription, title or claim should at any time be had, 'sued or made: IV. Upon which said Act doubt and ambiguity hath risen and been moved, whether a writ of right of advowson, a quare impedit, jure patronatus, or assise of darein presentment, may be maintained by any person or persons, bodies politic or corporate, whereas the same person or persons, bodies politic or corporate, their ancestor or predecessor, or he or they by whom he or they do claim cannot lay the esplees, seisin or presentment, in him or themselves, or the ancestor or predecessor of them or any of them, or in him or them by whom he or they do claim, within threescore years next before the teste of 'the same writ of right of advowson, quare impedit or assise of darein presentment, and jure patronatus; And also whether any person or persons, bodies politic or corporate, having a seigniory by reason of any castles, honours, manors, lands, tenements or hereditaments of him or them holden by knights' service, may maintain a writ of right and acts where- of ward, or a writ of ravishment of ward, for any castles, honours, manors, lands, tenements or hereditaments holden by knights' service, or for the body of any ward that he or they claim by reason of any such tenure by knights' service, whereas he or they have not been seised of the same services within threescore years next before the teste of any such writs: For the explanation and plain declaration whereof, and in avoiding of the said ambiguities and doubts, Be it enacted and declared by the Queen's Highness, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That the said former Act made in the said thirty-second year of the reign of the said late King Henry, or any article, clause, sentence, or matter therein contained, shall not extend to any writ of right of advowson, quare impedit, or assise of darein presentment, nor jure patronatus, nor to any writ of right of ward, writ of ravishment of ward, for the wardship of the body, or for the wardship of any castles, honours, manors, lands, tenements or hereditaments holden by knights' service, nor to the seisor of the wardship of the body of any ward or wards, or to the seisor or wardship of any castles, honours, manors, lands, tenements or hereditaments holden by knights' service; but that all and every person and persons, bodies politic and corporate, their heirs and successors, and the heirs and successors of every of them, shall and may have, maintain and pursue all and singular the said writs of right of advowson, quare impedit, assise of darein presentment, jure patronatus, writs of right of ward, ravishment of ward, and also seize the wardship both of the body and of the castles, honours, manors, lands, tenements and hereditaments, holden by knights' service, in like manner and form to all intents, constructions and purposes, as they or any of them should or might have done, made or pursued before the making of the said Act made in the thirty-second year, as though the same Act had never been had or made; any thing in the said former Act to the contrary notwithstanding. 21 Jac. I. c. 16. And see farther 10 W. III. c. 4. and 4 Ann. c. 16. [No. III.] 21 James I. c. 2.-An Act for the general Quiet of the Subjects against all pretences of Concealment whatsoever. [Inserted Pt. II. Cl. XII. No. 22.] [No. IV. ] 21 James I. c. 16.-An Act for Limitation of Actions, and for avoiding of Suits in Law. such No. IV. 21 James I. c. 16. Writs of for. medon shall be sued within twenty years. FOR quieting of men's estates, and avoiding of suits, be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, That all writs of formedon in descender, formedon in remainder, and formedon in reverter, at any time hereafter to be sued or brought, of or for any manors, lands, tenements, or hereditaments, whereunto any person or persons now hath or have any title, or cause to have or pursue any writ, shall be sued and taken within twenty years next after the end of this present Session of Parliament: And after the said twenty years expired, no such person or persons, or any of their heirs, shall have or maintain any such writ, of or for any of the said manors, lands, tenements or hereditaments; and that all writs of formedon in descender, formedon in remainder, and formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause hereafter happening, shall be sued and taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years; and that no person or persons that now hath any right or title of entry into any manors, (1) lands, tenements, or hereditaments now held from him or them, shall thereinto enter, but within twenty years next after the end of this present Session of Parliament, or within twenty years next after any other title of entry accrued; and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments but within twenty years next after his or their right or title which shall hereafter first descend or accrue to the same; (2) And in default thereof, such persons so not 16. sect. 16. (1) This limitation extends to the rights of the lord of a manor as to mines, lands, &c., within the manor; Rich v. Johnson, Str. 1142; Bull, N. P. 102, by the name of Lord Cullen v. Rich. So to the right of entry by a commoner, if the common has been inclosed twenty years; vi. Hawke v. Bacon, 2 Taunt. 160. As to the lord of a manor's right of entry for a forfeiture, see Doe d. Tarrant v. Hellier, 3 T. R. 172. (2) But the right of entry may be pursued within twenty years after it attaches, although in the mean time the party may have had a different right, upon which more than twenty years' adverse enjoyment have attached. Thus, when a tenant in tail of lands in ancient demesne demised them, by fine, in the court of ancient demesne for three lives, and afterwards levied a fine of the reversion in the same court to the use of himself and his heirs; it being agreed, that the fines in that court did not bar the estate tail, it was held that the first fine created a discontinuance, and the second did not; and that although the issue in tail did not bring their formedon within twenty years after the death of their ancestor, they were not barred of their right of entry within twenty years from the determination of the lease for lives; Hunt v. Bourne, 1 Salk. 339, 2 Salk. 421. So where the devisor of an estate had made a lease for years, with clause of re-entry on payment of rent, and after his death the heir received the rent during the lease (being a period of more than twenty years) without any steps being taken by the devisee to recover the possession; it was held that the devisee was not barred, for that he could not have entered during the lease; and although a forfeiture was committed, he was Entry into land, &c. shall be made within twenty years. For entries to avoid a fine, see 4 Anne, c. not obliged to enter; Doe d. Cook v. Danvers, 7 E. 299. See also, as to the last point, 1 Ves. 278. The possession on which the statute attaches must also be adverse. A mortgagee is not barred by the possession of his mortgagor, paying interest; Lord Raym. 750; and see Keene d. Ld. Byron v. Dearden, 8 E. 248; Roe d. Pellat v. Ferrars, 2 B. and P. 542. The possession of one joint tenant, tenant in common, or parcener, as such, does not bar the right of entry of the other; but if the right of the other is denied, and the enjoyment is adverse, the statute attaches, such adverse possession being in effect an actual ouster; see Ford v. Grey, 1 Salk. 285; Reading v. Royston, 2 Salk. 422; Fairclaim ». Shackleton, 3 Bur. 2604; Doe v. Prosser, Cowp. 217; Peaceable v. Read, 1 E. 568. In that case Lord Kenyon said-“ Prima facie, the possession of one tenant in common is that of another; and every case and datum in the books is to that effect. But you may shew that one of them has been in possession, and has received the rents and profits to his own use, without account to the other; and that the other has acquiesced in this for such a length of time as may induce a jury to presume an actual ouster of his companion: and there the line of presumption ends."-Ecclesiastical persons or corporations are not generally barred by the statutes; Magdalen College case, 11 Rep. 786; 1 Roll. Rep. 151. Where an ecclesiastical person neglects to bring his action within the time required, he himself will be barred, but not his successor; Plowd. 358. See stat. 4 Henry VII. c. 24, ante, Part II. Class X. No. 7, and notes, as to persons barred by fine and non-claim. |