8.4. certain informa tions. s. 5. Limitation for &c.; nor by s. 4. to any declaration or information concerning champerty, buying of titles, or extortion; offences against the 1 Eliz. c. 11. & c. 20.; or for the defrauding Exceptions as to the crown of any custom, tonnage, &c.; or for corrupt usury; or for ingrossing, regrating, or forestalling; where the penalty shall be to the value of £20.: but every such offence may be laid in any county. By s. 5. all actions, informations, &c. brought upon any penal statute, whereby the forfeiture is limited to the crown, shall be brought within 2 years after the offence penal actions. committed; where limited to the crown and prosecutor, then within one year, and in default thereof, then to be brought for the crown at any time within 2 years after that year ended; and if any suit against any penal statute (except the statute of tillage) shall be brought after the time limited, the same shall be void. Provided (s. 6.) that where any action, &c. is limited to be brought within a shorter time, it shall be brought within the time limited by such statute. By s. 7. all suits for using any unlawful game, or for using any art or mystery without being brought up in it, shall be prosecuted at the general quarter sessions, or assizes, of the county within which secuted at es the offence was committed, or in the leet. None of these statutes of queen Elizabeth have been adopted or followed in Ireland: save that the 2 Geo. 1. c. 20. 2 Geo. 1. c 20. s. 3. & 4. Ir. prescribes the same limitation for action, s. 3 & 4. Ir. and informations, &c. upon penal statutes, as contained in the 31 Eliz. c. 5. s. 5 & 6. supra. And this statute s. 6. Proviso. s. 7. Certain peral actions to be pro sizes of sessions. S. Ir. where actor given to informer. self. (2 Geo.l. c. 20.) therefore supersedes the 23 Hen. 8. c. 21. 25 Hen.8. c.21. Ir. which prescribed a different limitation, save so far as it provides, that where any action, &c. is given by any Limitation statute to such as will sue only for himself, such action, &c. shall be commenced within a year after the of sing for himfence. By the 21 Jac. 1. c. 4. s. 1. Eng. all offences 21 Jac. 1. c. 4. against penal statutes for which any common infor- s. 1. Eng. mer may ground any popular action, suit, or informa- Actions, &c.uption, before justices of assize, or nisi prius, or general tutes where gaol delivery, or of oyer and terminer, or justices of peace in their sessions, shall be sued and determined. by action, &c. before such justices of assize, &c. of the county, &c. wherein every such offence shall be com mitted; on penal ste tried. actions, c. Process in such mitted; and the like process in such actions, &c. shall be as in actions of trespass, vi et armis, at common law ; and all actions, &c. to be commenced, &c. by the attorney general, or by any officer, or by any common informer, or other person, in any of his majesty's courts at しく 10 & 11 Car.1. c. 11. fr. 8. 2. &c. laid in pro. per county. informer. Dublin" in [*Westminster,] concerning the offences aforesaid, shall be void. And by s. 2. in all informations, plaints, and declarations, &c. on penal statutes, the offence shall be laid in the county where the offence was committed, and Informations, if the defendant plead that he oweth nothing, or not guilty, and the plaintiff, &c. shall not prove that the offence was committed in that county, he shall be found not guilty. By s. 3. no officer shall receive, file, or enter of record, Oath required of any declaration, &c. on the said penal statutes, which by this act are to be determined in their proper counties, until the informer or relator hath taken an oath before a judge of the court, that the offence was not committed in any other county than where by the declaration, &c. it is supposed to have been committed, and that he be lieves the offence was committed within a year before such suit, within said county; the same oath to be entered of record: And by s. 4. the defendant to such actions, &c. may plead the general issue, and give the special matter in evidence. By s. 5. this act shall not extend to actions and suits, &c. concerning [*popish recusancy, or] maintenance, champerty, or buying of titles; or the king's customs, or transporting gold or silver, or munition, or wool, woolfells, or leather. The 10 & 11 Car. 1. c. 11. Ir. contains similar provisions. 5.4. Pleading in such actions, &c. s. 5. Offences excepted. 10 & 11 Car.1. c. 11. ir. Writ of account With respect to the writ of account: it was founded upon against bailiffs. the 52 Hen. 3. c. 23. E. & I. which enacts, that if bai52 Hen.3.c.23. Jiff's withdraw themselves, and bave no lands, &c. where 2. & 1. by they may be distrained, they shall be attached by their bodies so that the sheriff shall make them account. But another mode of proceeding is chalked out by the 13 Edw. 1.st.1, 13 Edw. 1. st. 1. c. 11. E. & I. which enacts concerning servants, bailiffs, chamberlains, and all receivers which c. 11. E. & I. are This clause of the 10 & 11 Car. 1. c. 11. Ir. dues not except informations, &c. concerning recusancy, but does those grounded on the 23 Hen. 6. c. 9. Eng. against sheriffs for not making deputies. power to inquire, &c. of all forcible entries, and forcible holding, and other offences, as well against the 8 Hen. 6. supra, as against this statute, and to award restitution of possession in all cases, as any other judge, or justice of the peace. the pust. E. & L c. 7. E. & L. surement of dow The writ of entry sur disseisin in the post was framed Writ of entry in by virtue of the 52 Hen. 3. c. 29, E. & I. which provides, 52Hen. 3. c.29. that if those alienations of which a writ of entry was wont to be granted, be made by so many degrees that the writ cannot be had in the form before used, the plaintiff shall have a writ to recover his seisin without mention of the degrees, to be provided by the king's council. Another species of the writ of entry lies for guardians, by force of the 13 Edw. 1. st. 1. c. 7. E. & 1. which provides, that 13 Edw. 1. st. L. a writ of admeasurement of dower shall be granted to a guardian; neither shall the heir when of full age be Writ of meabarred by the suit of the guardian, but he may admeasure er granted to the dower after: And in this writ as well as in the writ of guardians. admeasurement of pasture, more speedy process shall be than hitherto; so that when it is come to the great distress, days shall be given within which two counties may be holden, at which open proclamation shall be made, that the defendant come in at the day, at which if he comes in, the plea shall go forward; and if he do not come, and the proclamation be testified by the sheriff, upon the default they shall proceed to make admeasurement. The 6 Edw. 1. c. 7. E. & L. which gives the writ of entry in 6 rdw. 1. c. 7. casu proviso upon alienations by tenant in dower has been already stated (ante v. 1. p. 462.) And another writ of the Writ ofentry in like nature, called a writ of entry in consimili casu, was framed (for tenant by the curtesy, or for life, or for another's life) by virtue of the 13 Edw. 1. st. 1. c. 24. E. & I, 13Edw. 1. st. 1. which provides, that where in one case a writ is granted, in a like case also needing a like remedy, a writ shall be consimili casu. made. With respect to the writ of cui in vita, it was provided by the 13 Edw. 1. st. 1. c. 3. E. & I. that when a man loseth by default a tenement which is the right of his wife, the woman after the death of her husband shall have recovery by writ of entry cui ipsa in vita sua contradicere non potuit: if against the demand of the woman the E. & L. casu prov.su. c. 24. E. & l. Writ of entry in 13Edw. 1. st. 1. 3. E. & 1. Writ of cui in vita. s. 3. Penalty for default. and every day after the double. And if any sheriff or bailiff make not execution duly of the said precepts, he shall forfeit to the king £20. and moreover make fine and ransom. And by s. 5. as well the justices aforesaid, as the justices of assizes, shall have power to hear and determine such defaults of the sheriffs and bailiffs, as well by bill at the suit of the party grieved for himself, as for the king by indictment. And if the sheriff or bailiff be attainted by indictment, or by bill, he who sueth shall have one moiety of the £20. together with his costs; and the same process shall be made against such persons indicted or sued by bill, as against persons indicted or sued by writ of trespass with force and arms. And by s. 6. mayors, or justices of peace, sheriffs and bailiffs, of cities or boroughs baving franchise, shall have like power to inquire of such entries and other articles, like jurisdiction. as the justices of peace and sheriffs in counties. But this s. 7. act provides (s. 7.) that they which keep their possesions Precio as to pos- with force in lands or tenements, whereof they, or their s. 6. Mayors, &c. in cities, &c. to have sessions for 3 years. Eng. "pun indut entry, or where yours. ancestors, or they whose estate they have in such lands, &c. have continued their possessions 3 years, shall not 31 Eliz. c. 11. be endamaged by this statute. The 31 Eliz. c. 11. Eng. also provides, that no restitution upon any indictment of`` No restitution forcible entry, or holding with force, shall be made, ments of forcible if the persons indicted had the occupation, or been in possession for 3 quiet possession, 3 years next before the day of such in dictment found, and their estate therein not ended, which the party indicted may allege for stay of restitution; and if the other traverse the same, and the allegation be tried against the party indicted, he shall pay costs. By 21Jac. t. e. 13. the 21 Jac. 1. c. 15. Eng. such judges or justices of peace as are enabled upon inquiry to give restitution of Restitution of possession to tenants of freehold of their lands withholden possession to teants for years, by force, shall have like authority (upon indictment of 300. forcible entry or withholding before them found) to give like restitution of possession to tenants for term of years, tenants by copy of court-roll, tenants by elegit, statute10 Car. 1. st. 3, merchant and staple. The 10 Car. I. st. 3. c. 13. Ir. has incorporated the 3f Eliz. c. 11. Eng. and 21 Jac. I. c. 15. Eng. and contains this additional provision, that every justice of assize in their circuits shall have like Eng. 13. Ir. power 8.4. Exceptions as to tions. s. 5. Limitation for 8. 6. Proviso. s. 7. Certain penal actions to be pro &c.; nor by s. 4. to any declaration or information concerning champerty, buying of titles, or extortion; offences against the 1 Eliz. c. 11. & c. 20. ; or for the defrauding certain informa the crown of any custom, tonnage, &c.; or for corrupt usury; or for ingrossing, regrating, or forestalling; where the penalty shall be to the value of £20.: but every such offence may be laid in any county. By s. 5. all actions, informations, &c. brought upon any penal statute, whereby the forfeiture is limited to the crown, shall be brought within 2 years after the offence penal actions. committed; where limited to the crown and prosecutor, then within one year, and in default thereof, then to be brought for the crown at any time within 2 years after that year ended; and if any suit against any penal statute (except the statute of tillage) shall be brought after the time limited, the same shall be void. Provided (s. 6.) that where any action, &c. is limited to be brought within a shorter time, it shall be brought within the time limited by such statute. By s. 7. all suits for using any unlawful game, or for using any art or mystery without being brought up in it, shall be prosecuted at the general quarter sessions, or assizes, of the county within which secuted at es the offence was committed, or in the leet. None of these statutes of queen Elizabeth have been adopted or followed in Ireland: save that the 2 Geo. 1. c. 20. 2 Geo. 1. c 20. s. 3. & 4. Ir. prescribes the same limitation for actions and informations, &c. upon penal statutes, as contained in the 31 Eliz. c. 5. s. 5 & 6. supra. And this statute (2 Geo.l. c. 20.) therefore supersedes the 28 Hen. 8. c. 21. 28 Hen.8. c.21. Ir. which prescribed a different limitation, save so far as it provides, that where any action, &c. is given by any Limitation statute to such as will sue only for himself, such action, &c. shall be commenced within a year after the ofing for himfence. By the 21 Jac. I. c. 4. s. 1. Eng. all offences against penal statutes for which any common infor- s 1. Eng. mer may ground any popular action, suit, or informa- Actors, &c. uption, before justices of assize, or nisi prius, or general tutes where gaol delivery, or of oyer and terminer, or justices of peace in their sessions, shall be sued and determined by action, &c. before such justices of assize, &c. of the county, &c. wherein every such offence shall be committed; sizes of sessions. s. 3 & 4. Ir. Ir. there actor given to informer self. 21 Jac. 1. c. 4. on penal sta tried. |