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to the statute 4 Geo. II. c. 28, for delivering possession of the demised premises to the plaintiff, but the defendant wilfully holds over and still keeps the plaintiff out of possession of the demised premises.

3. The yearly value of the demised premises is £400.

The plaintiff claims:

(1) Possession;

(2) Double the yearly value so long as the defendant continues to hold over, calculated from the 29th of September, 188.

Action by Tenant for Breach of Covenant for Title and
Quiet Enjoyment.

1. By a lease under seal dated the 30th of October, 1883, the defendant demised to the plaintiff the house No. 14, Banfield Meadows, in the parish of St. John, in the county of Rutland, for seven years.

2. By the lease the defendant covenanted with the plaintiff that he then had full power so to demise the premises and that the plaintiff should quietly enjoy the same.

3. The defendant had not then full or any power to demise the premises.

4. On the 21st of November, 1883, one J. S., the owner of the premises, lawfully entered the premises and evicted the plaintiff therefrom.

The plaintiff claims £1000 damages.

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1. He had full power to demise the premises to the plaintiff for seven years from October 30, 1883.

2. J. S. did not evict the plaintiff.

3. If he did, he did so unlawfully and without any title so to do, and the plaintiff, by collusion with J. S., submitted to a pretended eviction by J. S.

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1. By the lease the plaintiff covenanted to pay a yearly rent

for the premises of £80, payable quarterly, and to keep the premises in such repair and condition as therein mentioned.

2. Two quarters' rent is unpaid.

3. The premises were during the term and are out of such repair as was required by the covenant.

4. Particulars of dilapidations were delivered to the plaintiff on the 17th of July, 1884, and exceed three folios.

The defendant counter-claims :

(1) £40 and interest until payment or judgment; (2) Damages.

Action against Landlord for Tillages, Improvements, &c. (a).

1. By a lease under seal dated the 16th of April, 1874, the defendant demised to the plaintiff for seven years from Ladyday, 1874, the "Little Rectory Dale" farm, in the parish of St. Sebastian, in the county of Stafford, and covenanted at the conclusion of the term to pay to the plaintiff the usual allowances according to the custom of the country for the plaintiff's tillages, hay and straw and manure left on the farm, and fallows.

2. When the term ended the plaintiff was entitled to be paid £571 118. 6d. in respect of his said tillages, hay, straw, and manure, and fallows.

3. Full particulars of the said tillages, hay, straw, and manure, and fallows, were delivered to the defendant before action, and exceed three folios.

The plaintiff claims £571 11s. 6d.

Action against Landlord for Breach of Covenant to make Improvements, &c., on the Premises.

1. By a lease under seal dated October 10th, 1883, whereby the defendant demised the dock, houses, and premises called the "Commercial Repairing Dock," in the parish of R., in the county of Surrey, to the plaintiff from the 29th of September, 1883, for 21 years at a rent, the defendant covenanted with the

(a) See Mansel v. Norton, 22 Ch. Div. 769. As to claims for agricultural improvements, see the Agricultural Holdings Act, 1875 (38 & 39 Vict. e. 92), and the statute 45 & 47 Vict. c. 61.

plaintiff that he would forthwith lengthen the dock by 50 feet, and put the demised premises in the state of repair and condition therein mentioned.

2. The defendant has not lengthened the dock or put the premises in the state of repair and condition therein mentioned, whereby the plaintiff has suffered damage.

The plaintiff claims £20,000 damages.

Table of
Statutes of
Limitation.

Limitation (a).

Defence of the Statute of Limitation to Action on Simple Contract.
The defendant says that:

1. The debt was barred by the Statute of Limitations, 21 James I. c. 16.

(a) The following tabular view of the limitation in the various actions will probably be found useful.

Action.

Account, action of .

Administrators. See Executors.
Admiralty, suits for seamen's wages
Advowsons, recovery of ..

Annuity, action of

Army, navy, marines, customs or
excise, officers of, actions against,
for anything done in execution of
the Custom laws.

Period of Limitation.-Statute or
Authority.

Six years. 21 Jac. 1, c. 16, s. 3; 19 & 20 Vict. c. 97, s. 9.

Six years. 4 Anne, c. 16, s. 17.
Not after three incumbencies, ex-
tending over a period of sixty
years' adverse possession. In-
cumbencies after lapse, but not
after promotion to bishoprics, are
reckoned; and 100 years' adverse
possession is a complete bar, al-
though three incumbencies have
not elapsed. 3 & 4 Wm. 4, c. 27,
ss. 30, 31, 33.

Twelve years. 37 & 38 Vict. c. 57:
s. 8.

One month, and one month's notice of action. 39 & 40 Vict. c. 36, ss. 268, 272.

Assault, battery, wounding, or false Four years. 21 Jac. 1, c. 16, s. 3.
imprisonment

Assumpsit or promises, action on
Award, action of debt upon, where
the submission was not by deed.
but if by deed
Battery. See Assault.

Six years. 21 Jac. 1, c. 16, s. 3.
Six years. 3 & 4 Wm. 4. c. 42,
ss. 3-7.

Twenty years. Ibid.

Reply.

The plaintiff says that:

1. Within six years of the commencement of this action, that is to say, on the 1st of June, 1882, the defendant in writing

Action.

Bill of exchange or promissory note, payable at a certain period after date

Period of Limitation.-Statute or
Authority.

Within six years after it falls due,
even though given to secure an
advance made before or after date
of bill. 21 Jac. 1, c. 16. (See
Byles, 12th ed., p. 344, and see
Wheatly v. Williams, 1 M. & W.
533.)

The like, payable on a contingency Within six years of the occurrence

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of such contingency. Ibid. Within six years after date.

26

Jac. c. 16 (45 & 46 Vict. c. 61,
s. 10). See Byles on Bills, 12th
ed., p. 345.

The like, payable at a certain period Within six years from the expiration

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of that period after demand.
Ibid.

Twenty years. 3 & 4 Wm. 4, c. 42,

s. 3.

Twenty years. Companies Act, 1862,
ss. 16 and 75.

Six years. 21 Jac. 1, c. 16, s. 3, and
3 & 4 Anne, c. 9, s. 2.
Six years from refusal to pay. 21
Jac. 1, c. 16, s. 3, and see Pott v.
Clegg, 16 M. & W. 321,

Cheque, action for money paid on. Six years from payment by banker.

Ibid.; and see Gardon v. Bruce,
L. R. 3 C. P. 300.

Common and other profits à pren- These cannot be defeated after

dre, claims to .

Constables, actions against

thirty years' enjoyment by show-
ing their first enjoyment at any
prior period. Sixty years' enjoy-
ment gives an indefeasible right,
unless under written agreement.
2 & 3 Wm. 4, c. 71, s. 1.

Six calendar months, and one
month's notice of action. See
24 Geo. 2, c. 44, s. 8. As to
special and county constables, see
1 & 2 Wm. 4, c. 41, s. 19, and 2 &
3 Vict. c. 93, s. 9. As to borough,
5 & 6 Wm. 4, c. 76, s. 133, and as
to metropolitan, see 2 & 3 Vict.
c. 71, s. 53.

Table of
Statutes of
Limitation.

Table of
Statutes of
Limitation.

acknowledged the existence of the debt and promised to pay the same.

2. On the 1st of July, 1883, the defendant paid to the

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cruing of cause of action.
Vict. c. 45, s. 26.

Copyright, action for infringement Twelve calendar months after acof

And as to copyright in fine arts,
see 7 Geo. 3, c. 38, s. 8 ; in music
and drama, 3 & 4 Wm. 4, c. 15,
s. 3; and in designs, 5 & 6 Vict.
c. 100, s. 12.

Corporate offices and franchises, in- Six years. 32 Geo. 3, c. 58.

formation for usurping

Covenant, action of

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5 & 6

Twenty years. 3 & 4 Wm. 4, c. 42, s. 3.

Sixty years next before suit or claim. 9 Geo. 3, c. 16; 24 & 25 Vict. c. 62, s. 1.

Six years. 21 Jac. 1, c. 16, s. 3. Twenty years. 3 & 4 Wm. 4, c. 42, s. 3.

Twenty years. Ibid.

Six years. 21 Jac. 1, c. 16, s. 3.

No arrears or damages on account thereof can be recovered for more than six years. 3 & 4 Wm. 4. c. 27, s. 41. Twelve years to bring the action. Thirty years longest time in respect of disability. 37 & 38 Vict. c. 57, ss. 1,5; and see Marshall v. Smith, 5 Giff. 37; 34 L. J. Ch. 189.

Eight calendar months. 27 Geo. 3, c. 44, s. 2.

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