Persons giving false evidence to be deemed guilty of perjury. Persons appointed for taking exa court upon and he and they are hereby authorized and required, to take all such examinations upon the oath of the witnesses, or affirmation in cases where affirmation is allowed by law instead of oath, to be administered by the person so authorized, or by any judge of the court wherein the action shall be depending; and if upon such oath or affirmation any person making the same shall wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury, and shall and may be indicted and prosecuted for such offence in the county wherein such evidence shall be given, or in the county of Middlesex if the evidence be given out of England. VIII. And be it further enacted, That it shall and may be lawful for the master, prothonotary, or any minations to any other persons to be named in any such rule or report to the order as aforesaid for taking any examination in purthe conduct suance thereof, and he and they are hereby required or absence to make, if need be, a special report to the_court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto; and the court is hereby authorized to institute such proceedings and make such order and orders upon such report as justice may require, and as may be instituted and made in any case of contempt of the of witnesses, if necessary. Costs of the order for examina tion may be made costs in the cause. Restriction as to the reading of examina positions court. IX. And be it further enacted, That the costs of every rule or order to be made for the examination of witnesses under any commission or otherwise by virtue of this act, and of the proceedings thereupon, shall (except in the case hereinbefore provided for) be costs in the cause, unless otherwise directed either by the judge making such rule or order, or by the judge before whom the cause may be tried, or by the court. X. And be it further enacted, That no examination or deposition to be taken by virtue of this act shall be read in evidence at any trial without the consent of tions or de- the party against whom the same may be offered, unless it shall appear to the satisfaction of the judge that the examinant or deponent is beyond the jurisdiction of the court, or dead, or unable from permanent sickness or other permanent infirmity to attend the trial; in all or any of which cases the examinations and depositions certified under the hand of the commissioners, master, prothonotary, or other person taking the same, without consent of the party. shall and may, without proof of the signature to such certificate, be received and read in evidence, saving all just exceptions. Durham. XI. Provided always, and be it further enacted, Proviso as That no order shall be made in pursuance of this act to judges of by a single judge of the court of Pleas of the said county palatine of Durham, who shall not also be a judge of one of the said courts at Westminster. 2 & 3 WILL. IV. c. 71. An Act for Shortening the Time of Prescription in certain cases. [1st August, 1832.] WHEREAS the expression "time immemorial, or time whereof the memory of man runneth not to the contrary," is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be it 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 no claims to claim which may be lawfully made at the common law, right of by custom, prescription, or grant, to any right of com- and other mon or other profit or benefit to be taken and enjoyed profits à from or upon any land of our sovereign lord the king, prendre, not his heirs or successors, or any land being parcel of the teated after duchy of Lancaster or of the duchy of Cornwall, or of thirty years' any ecclesiastical or lay person, or body corporate, by showing enjoyment except such matters and things as are herein specially the comprovided for, and except tithes, rent, and services, mencement; shall, where such right, profit, or benefit shall have been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period common to be de after sixty years enjoy ment the right to be absolute, unless had by consent or agree. ment. In claims of right of way or other easement to be twenty years and forty years. of thirty years, but nevertheless such claim may be II. And be it further enacted, That no claim which be lawfully made at the common law, by custom, may prescription, or grant, to any way or other easement, or the periods to any watercourse, or the use of any water, to be enjoyed or derived upon, over, or from any land or water of our said lord the king, his heirs or successors, or being parcel of the duchy of Lancaster or of the duchy of Cornwall, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated; and where such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. Claim to the use of light enjoyed for twenty years indefeasible, unless shown III. And be it further enacted, That when the access and use of light to and for any dwelling-house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the conto have been trary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. by consent. Before mentioned pe IV. And be it further enacted, That each of the reriods to be spective periods of years herein before mentioned shall deemed be deemed and taken to be the period next before some for claims relate. suit or action wherein the claim or matter to which those next such period may relate shall have been or shall be before suits brought into question, and that no act or other matter to which shall be deemed to be an interruption, within the such periods meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made. on the case at present. V. And be it further enacted, That in all actions In actions upon the case and other pleadings, wherein the party the claimant claiming may now by law allege his right generally, may allege without averring the existence of such right from time his right immemorial, such general allegation shall still be generally, as deemed sufficient, and if the same shall be denied, all and every the matters in this act mentioned and provided, which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation; and that in all pleadings to actions of trespass, In pleas to and in all other pleadings wherein before the passing of trespass and other pleadthis act it would have been necessary to allege the ings, where right to have existed from time immemorial, it shall party used be sufficient to allege the enjoyment thereof as of right claim from to allege his by the occupiers of the tenement in respect whereof time immethe same is claimed for and during such of the periods period menmentioned in this act as may be applicable to the case, tioned in and without claiming in the name or right of the owner this act may be alleged; of the fee, as is now usually done; and if the other and excepparty shall intend to rely on any proviso, exception, tions or incapacity, disability, contract, agreement, or other ters to be matter hereinbefore mentioned, or on any cause or replied spematter of fact or of law not inconsistent with the sim- cially. ple fact of enjoyment, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation. morial, the other mat Restricting the presumption to be allowed in support of claims herein pro VI. And be it further enacted, That in the several cases mentioned in and provided for by this act, no presumption shall be allowed or made in favour or support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period vided for. or number mentioned in this act as may be applicable to the case and to the nature of the claim. VII. Provided also, That the time during which any Proviso for person otherwise capable of resisting any claim to infants, &c. any What time to be excluded in computing the term of forty years appointed by this act. Not to extend to Scot land or Ire land. of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. VIII. Provided always, and be it further enacted, That when any land or water upon, over, or from which any such way or other convenient watercourse or use of water shall have been or shall be enjoyed or derived hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant on the determination thereof. IX. And be it further enacted, That this act shall not extend to Scotland or Ireland. X. And be it further enacted, That this act shall Commence- commence and take effect on the first day of Michaelmas term now next ensuing. ment of act. Act may be amended. XI. And be it further enacted, That this act may be amended, altered, or repealed during this present session of Parliament. 3 & 4 WILL. IV. c. 42. An Act for the further Amendment of the Law, and the better Advancement of Justice. [14th August, 1833.] WHEREAS it would greatly contribute to the diminishing of expense in suits in the superior courts of common law at Westminster if the pleadings therein were in some respects altered, and the questions to be tried by the jury left less at large than they now are according |