TIT. II.

CAP. II.

SEC. I.

PART IV. or acknowledgment, or the last of such payments or acknowledgments if more than one, was given. This, however, does not apply to cases of express trust. (3 & 4 Will IV. c. 27, s. 40; 23 & 24 Vic. c. 38, s. 13.)

in the case of dower;

in the case of arrears of rent, &c.;

in the case of trespass, detinue, trover, replevin, and

simple contract;

No arrears of dower, nor any damages on account of such arrears, can be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit. (3 & 4 Will. IV. c. 27, s. 41.)

No arrears of rent, or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears, can be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent. (Id. s. 42.)

Actions of trespass for assault, menace, wounding, and imprisonment, must be brought within four years; actions on the case for verbal slander within two years; and other actions of trespass for injuries to the

person, or to land, or to personal property, and actions of detinue, trover, replevin, or account, and actions of trespass on the case (except for verbal slander), and actions for arrears of rent on a demise without deed, and other actions on simple contract whether in assumpsit or debt, within six years after the cause of action accrued, or after the removal of the disability, in the case of any person entitled to sue being an infant, or a married woman, or non compos, at the time when the cause of action accrued, or after the return of a person liable to be sued being at the time beyond the seas.

But the protection of the statute, in cases of debt, is removed, if the defendant has given an acknowledgment in writing, signed by him or his agent, in such terms as not to preclude the court from inferring a promise to pay. And part payment of principal or interest may take the case out of the

statute.

PART IV.

TIT. II.

CAP. II.

SEC. I.

of debt for

nant, or debt on any spe

cialty;

Actions of debt for rent upon any inden- in the case ture of demise, or of covenant or debt on rent, or coveany bond or other specialty, must be brought within twenty years after the cause of action accrued, or after the removal of the disability, in the case of a person entitled to sue being an infant, a married woman, or non compos;

CAP. II.
SEC. I.

PART IV. or after the return of the defendant, if abroad; TIT. II. or from the date of an acknowledgment of a debt in writing, signed by the defendant or his agent, or from a part payment of principal or interest. (3 Ste. Com. 546-50; Sm. Cont. 425, 434-5, 452; Sm. Action, 47; Selw. N. P. 29, 153, 163, 166, 557, 629, 1060, 1267, 1302, 1371.)

in other

cases.

Actions and suits, in certain other cases, are also subjected to statutes of limitation. (See 3 Ste. Com. 550-1.)

Proceedings other than by actions.

Motions.

SECTION II.

Of Proceedings other than by Action. Besides actions, there are some other modes in which the interposition of the Courts of Common Law is obtained.

Motions, in most cases, are incidental to an action; but in some cases they are applications to the Court for an order, called a rule, directing some act to be done in favour of the applicant, without being in any manner connected with an action, in cases in which there is no other remedy than by way of motion. (3 Ste. Com. 694-6; Broom Com. 229-30.)

By the common law, if a third party brought an action of detinue against a de

positary, he might pray garnishment, that is, that the depositor might be garnished or warned of the claim, and summoned; and then he was substituted, under the name of garnishee, as defendant, in the place of the depositary. (Add. Torts, 292.)

PART IV.

TIT. II.

CAP. II.
SEC. II.

Garnish

ment.

And, by recent enactments, where an action Interpleader. is brought against depositaries, stakeholders, sheriffs, or other officers, in execution of the process of the Courts, and there are other claimants besides the plaintiff, the Court may order such other claimants to state the particulars of their claims, and may do justice in the matter. (Add. Torts, 293; Broom Com. 238-40; Sm. Action, 25-7.)

A mandamus is of two kinds: first, the Mandamus. common law or prerogative writ of mandamus; and secondly, a mandamus incidental to an action. The former is principally used to enforce performance of public rights or duties, where no other specific legal remedy exists. (3 Ste. Com. 697-8; Wharton; Tapping, 9.) The latter depends on a modern enactment, by which the plaintiff in any action in the superior Courts of Common Law, except replevin or ejectment, may have a peremptory writ of mandamus to the defendant, commanding him to perform any duty in the fulfilment of which the plain

TIT. II.

SEC. II.

PART IV. tiff is personally interested; and this, in CAP. II. case of disobedience, may be enforced by attachment. But the Court may, upon the application of the plaintiff, besides or instead of proceeding against the disobedient party by attachment, direct that the act required to be done may be done by the plaintiff, or some other person appointed by the Court, at the expense of the defendant, payment of which may be enforced by execution.

Injunction.

Prohibition.

But this only applies to cases of duty arising under a statute or royal charter, in which the public as well as the plaintiff are interested, and not to cases of mere private or personal contract. (Sm. Cont. 416-7, 420-1; 3 Ste. 702; Broom Com. 123, 230.)

A person may claim an injunction at law against the repetition or continuance of a breach of contract or any other injury, in respect of which he has brought an action, or against the committal of any breach of contract or injury of the like kind, arising out of the same contract, or relating to the same property or right; and such injunction may be enforced by attachment. (Sm. Cont. 418-9; Archb. Pr. 1051; Broom Com. 123.)

A prohibition is a writ issuing out of a superior Court, and requiring that the proceedings in an inferior or pretended Court