Formerly there was no limitation ap plicable to a suit for a legacy, though in some cases presumption of payment was admitted ; but the 3 and 4 Wm. IV. c. 27, s. 40, which fixes the period of limita tion to twenty years, is applicable to all legacies, whether charged on real estate or not. Before the statute of the 3 and 4 Wm. IV. c. 42, there was no remedy for injuries done to the real estate of a person deceased, in his lifetime, nor against the estate of a person deceased, in respect of wrongs done by him in his lifetime to the property of another ; but now, by sect. 2, executors may bring an action of trespass, or trespass on the case, for an injury done to the real estate of a deceased person in his lifetime, and for which he might have maintained an action, at any time within a year after the death of such person ; and any such action may be brought against the executors or administrators of a person deceased, for an injury done by him in his lifetime to the real or per sonal property of the plaintiff, within six calendar months after they shall have taken upon themselves the administration of the deceased's estate, provided in each case that the injury was committed within six months of the death of such person.
The limitation as to arrears of rent in the statute of James does not apply to rents reserved by indenture.
To settle questions which arose upon the effect of subsequent promises and acknowledgments, it was enacted by 9 Geo. IV. c. 14, s. 1, reciting the act of James, that in actions of debt, or upon the case, grounded on any simple con tract, no acknowledgment should be deemed sufficient, unless it were in writ ing, signed by the party chargeable there by ; and that where there were two or more joint contractors, or executors, or administrators of any contractor, the written promise of one or more of them should not bind the others. But it was expressly provided that nothing in the act contained should alter, take away, or lessen the effect of any payment of prin cipal or interest by any person whatso ever ; so that it would seem that this species of acknowledgment will, accord ing to the old doctrine (2 Saund., 63, j. n. (t), be effectual, not against the party making it only, but his co-contractor. Also (by sect. 6) no indorsement or me morandum of payment upon a promissory note, bill of exchange, or other writing made by or on behalf of the party to whom payment should be made, should be deemed proof of such payment to take the case out of the statute ; and (sect. 4) that the act of James and that act should apply to simple contract debts alleged on the part of a defendant by way of set-off.
4. As to actions arising upon specialty.
Before the 3 and 4 Wm. IV. c. 42, there was no statutable limitation to ac tions upon specialties, though the courts held that payment was primd facie to be presumed after twenty years.
By the 3rd section of the above act ac tions of debt for rent upon an indenture of demise, actions of covenant or debt upon bond or other specialty, and actions of debt or scirefacias upon recognizance must be commenced and sued within twenty years after the cause of such actions or suits arises. If the 3 and 4 Wm. IV. c. s. 42, applies to actions on specialty, it is so far repealed by this act; but the better opinion seems to be that the former act applies to rents which are a charge upon laud only, and not to conventional rents, whether reserved by indenture or other wise. (2 Bing., N. C., 689.) By sect. 5, it is provided, in accordance with the enactment of 9 Geo. IV. c. 14, as to actions on simple contract, that if any acknowledgment has been made, either by writing signed by the party liable by virtue of such indenture, spe cialty, or recognizance, or his agent, or by part payment, or part satisfaction, on account of any principal or interest then due thereon, the person entitled may bring his action for the money remaining un paid, and so acknowledged to be due, within twenty years after such acknow ledgment, or part payment; and in case of the plaintiff being under any of the disabilities mentioned in the 4th section of the same act, or absence of the defend ant beyond seas at the time of such ac knowledgment being made, then within twenty years of the removal of such dis ability, or the return of the defendant from beyond seas.
III. Of Limitations of Actions on Penal Statutes.
By the 31 Eliz. c. 5, s. 5 (which act repeals a previous one, the 7 Hen.
c. 3, upon the same subject), all actions, suits, bills, indictments, or informations for any forfeiture upon any statute penal, whether made before or since the act, whereby the forfeiture is limited to the queen, her heirs, and successors only, must be brought within two years after the commission of the offence ; and all actions, suits, bills, indictments, or inform ations for any forfeiture upon any penal statute, whether made before or since the act (except the statute of tillage), the benefit and suit 'thereof is limited to the queen, her heirs, and successors, and to any other that shall prosecute in that be half, must be brought by the penson sue ing within one year after the commission of the offence ; and in default of such pro secution, the same may be brought by the queen, her heirs, or successors, at any time within two years after the end of that year ; and any action, suit, bill, in dictment, or information brought after the time limited is to be void. It is pro vided that where a shorter time is limited by any penal statute, the prosecution must be within the time so limited.