1778-03-28 (static/transcriptions/1778/03/048.jpg)

1778. 2 Term. [Saturday] March 28.

Statute of Limitations extends to this Country.
By the Plea of Imprisonment the Plaintiff has shewn that the Imprisonment which he alledges, in order to bring him within the exception of the Statute did not commence till a considerable time after the cause of action accrued; and it has been settled by many determinations on saving clauses in the Statutes of Limitations that the Impediments must subsist at the time the Cause of action accrued, otherwise the time must be calculated from the time of the Cause of action, and shall not be interrupted by any intervening Impediments. For this he cited, Showel & Zouch in Plowden, page 375. Gray v Mendez 1st Strange 536. 10th Coke 88.
If the Statute does not apply in this Country the Plaintiff ought to have avail’d himself by demurring to the Plea, and by not doing so, he is guilty of the first error in Pleading, and therefore Judgment must be for the Defendant; according to these cases: 2 Lev. 113: Wilson B 150: 3 Burr. [101? 181?]. 3 Wilson, the Green’s Company v Arch Bishop of Canterbury. But the Statute does apply to this Cases, because the Mayor’s Court, had jurisdiction, being in Dacca, which must
see page 89. be