1778-02-12 (static/transcriptions/1778/02/027.jpg)

1778. Sittings. [Thursday] Feb. 12.

= dabad, for Revenue due to the Company.
The Pleas were Non-Assumpsit, Non Assumpsit infra Sea Annos, And a sett-off that the Plaintiff owed most to the Defendant.
At first it seem’d as if the Plaintiff would be able to prove promises to pay, before Six Years, but not within Six Years, on which I said to Impey in his Ear, that though this Statute had often been pleaded and had been answer’d as if the Statute had certainly applied, yet I had always doubted it because the words of the Statute do not apply, the cases of Persons out of the Kingdom (meaning England) being excepted; and because the intention of, and reason of, the Law did not apply, for in England where the Course of the Law is regular, delay of making a demand gives a presumption against the truth of the demand whether of debt, or for redress of injury, but here the course of Justice has not been so clear: many cases to which our Jurisdiction extends, the Jurisdiction of the Mayor’s Court did not extend, and in the Country Courts, against many Persons, no Justice can be had. Impey assented to this
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