Ringgold v. Cannell

⁴¹⁰ The General Court gave judgment, on the statement of facts, for the plaintiif. The defendant appealed to the Court of Appeals. (Goldsborough, J. and J. T, Chase, J.) In the Court of Appeals. (a) The question is, whether the act of limitations will bar in this case ?

The act of April, 1713, c. 23. s. 6. enacts, “ that no bill, bond, judgment, recognisance, statute-merchant, or of the staple, or other specialty whatsoever, except such as shall be taken in the name or for the use of our sovereign lord the king, his heirs and successors, shall be good and plead-able, or admitted in evidence, against any person or persons of this province, after the principal debtor and creditor have been both dead twelve years, or the debt or thing in action above twelve years’ standing.” The act of July, 1729, c. 24. s. 21. enacts, “ that all actions upon administration and testamentary bonds shall be commenced within twelve years after the passing of the said bonds, and not after.” The act of limitations extends to this case unless'it is prevented by the suspending act of 1777, c. 15. s. 7., which enacts, “ that all that space of time from the 26th day of July, 1773, to the 1st day of July, 1777, shall not be reckoned, estimated or considered as part of the time limited by law for bringing or prosecuting any action or suit which was restricted or prohibited from being brought by any of the said resolves, nor shall any part of the time from the said 26th of July, 1775, to the last day of August next, be taken or estimated in the year and day limited by law for issuing executions on judgments, and that if the act ⁴¹¹ ef limitations hath or shall be pleaded in any of the cases aforesaid, it shall and may be lawful for the plaintiff to give the special matter and this act in evidence, on a generaí replication.” And the act of October, 1780, c. 5. s. 14, 15., which enacts, “ that all the space of time from the 1st day of July, 1777, to the passing of this act, shall not be reckoned or considered as part of the time limited by law for bringing or prosecuting any action or suit for recovery of any debt due by judgment, bond, bill, note, account, contract or otherwise, and this act and the special matter may be given in evidence on the general replication.” Sect. 15. u That no suit shall be commenced or prosecuted by any creditor against his debtor, for a debt contracted before the 1st day of September, 1776, or after that day and before the 12th day of June last, for gold, silver, or sterling, in less than two years from the passing of this act, unless the debtor shall neglect or refuse to pay the interest annually due on such debt, See. &c. Provided always, that this act shall not be extended to actions to be prosecuted against guardians, executors, administrators or trustees, and that the said time shall not be taken or held as part of the time limited by law for prosecuting such suits.” And the act of April, 1782, c. 55. which enacts, sect. 1. “ that no action or suit shall be commenced or prosecuted by any creditor against his debtor for any debt, promise, contract or agreement, created or made before the 1st day of September, 1776, or between that day and the 12th day of June, 1780, for gold, silver, or sterling, before the 1st day of January, 1784,” &c. Sect. 5. “ That the time between the passing this act and the 1st day of January, 1784, shall not be taken as part of the time limited by law for prosecuting suits ; and if any defendant shall plead the act of limitations, the plaintiff may, on the general replication, give this act and the special matter in evidence, without specially pleading the same.” Then from the 26th of July, 1775, to the 1st of July, ⁴¹² 1777, limitation does not run in any case. From the first; of July, 1777, to the 17th of October, 1780, it does not run to bar any debt.

From the 17th of October, 1780, to the 17th of October, 1782, being two years, the act of limitations is suspended in cases of debts contracted before the 1st of September, 1776, and since that time,