in. And be it further enacted, That all actions of trespass quare elausum fregit, all actions of trespass, detinue, action, sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than sueh accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or con tract without specialty, all actions of debt for arrearages of rent, and all actions of assault, menace, battery, wounding, and im prisonment, or any of them, which shall be sued or brought at any time after the end of this present session of parliament, shall be commenced and sued within the time and limitation hereafter expressed, and not after; (that is to say,) (2) the said actions upon the case (other than for slander), and the said actions for account, and the said actions for trespass, debt, detinue, and replevin for goods or cattle, and the said action of tres pass quare clausum fregit, within three years next after the end of this present ses sion of parliament, or within six years next after the cause of auch actions or suit, and not after ; (3) and the said actions of trespass, of assault, battery, wounding, imprisonment, or any of them, within one year next after the end of this present session of parliament, or within four years next after the cause of such actions or suit, and not after; (4) and the said action upon the case for words, within one year after the end of this present session of parliament, or within two years next after the words spoken, and not after.
iv. And, nevertheless, be it enacted, That if in any the said actions or suits, judgment be given for the plaintiff, end the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill ; or if anK the said actions shall be brought by original, and the defendant therein be outlawed, and shall after reverse the outlawry, that in all such cases the party plaintiff, his heirs, executors, or administra tors, as the case shall require, may commence a new action or suit, from time to time, within a year after such judgment reversed, or such judgment given against the plaintiff, or out lawry reversed, and not after.
v. And be it further enacted, That in all actions of trespass quare clausum fregit, here after to be brought, wherein the defendant or defendants shall disclaim in his or their plea to make any title or claim to the land ni which the trespass is by the declaration supposed to be done, and the trespass be by negligence or involuntany, the defendant or defendants shall be permitted to plead a dis claimer, and that the trespass was by negli gence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought, whereupon, or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue; (2) and if the said issue be found for the defendant or defend ants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions, and all other suits concerning the same.
vt. And be it further enacted by the au thority aforesaid, That in all actions upon the case for slanderous words, to be sued or prosecuted by any person or persons in any of the courts of record at Westminster, or in any court whatsoever that hath power to hold plea of the same, after the end of this present session of parliament, if the jury upon the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, without any farther increase of the same, any law, statute, custom, or usage to the contrary in any wise notwithstanding.
lux. Provided, nevertheless, and be it fur ther enacted, That if any person or persons that is or shall be entitled to any such action 3f trespass, detinue, action sur trover, reple vin, actions of account, actions of debt, actions of trespass for assault, menace, bat tery, wounding, or imprisonment, actionii upon the case for words, be, or shall be, at tbe time of any such cause of action given or accrued, fallen or come within the age of twenty-one years, fame covert, non compos mentis, imprisoned or beyond the seas, tbat then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, dis covert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should be done.
90. Statute 9 Geo. IV. c. 14, known as Lord Tenterden's Act. Sect. 1. Whereas by an act passed in England in the twenty-first year of the reign of King James the First, it was among other things enacted that all actions of account and upon the case, other than such accounts as concern the trade of m erch an disc between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract with out specialty, and all actions of debt for arrearages of rent, should be commenced 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 tempo ral and commons in this present parliament assembled, and by the authority of the same, tbat in actions of debt, or -upon the case, grounded upon any siraple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enact ments or either of them, or to deprive any party' of the benefit thereof, unless such ac knowledgment or promise shall be made or contained by or in some writing, to be,signed by the party chargeable thereby ; and that where there shall be two or more joint-con tractors, or executors or administrators of any contractor, no such joint-contractor, executor, or administrator shall lose the bene fit of the said enactments or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or pro mise made and signed by any other or others of them : Provided, always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any perscn whdtsoever : Provided also, that in actions to be commenced against two or more such joint-contractors, or executors or administra ters, if it shall appear at the trial or other wise that the plaintiff, thoug13 barred by either of the said recited acts, or this act, as t,o one or more of such joint-contractors or executors or administrators, shall, never theless, be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment, or promise or other wise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, n,nd for the other defendant or defendants against the plaintiff.