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382 Of siiDfng t&e statute of limitation*.
Of entering Process on the Roll to save the Statute of Limitations.
the aforesaid C. D. and E. F. are not, nor is either of them found in his bailiwick.
This entry of a bill of Middlesex will serve to illustrate the practice upon other process, for if the process sued forth be a latitat or attachment of privilege in B. R. it must be set forth upon the roll, with the return, in the same form— and such process when returned must be taken to the signer of the writs in B. R. to file th* same, and the roll carried to the clerk of the judgments to be entered and docquetted; the plaintiff's attorney making out a docquet paper in this manner:
Entry of IVdliam Lyon, gentleman, one, &c.
Middlesex, to wit. Entry of a bill to save the statute between A. B. plaintiff, and C. D. and E. F. desendants.
If in B. R. the process sued forth is an original or capias, the entry thereof, with the return, must be made out accordingly and docquetted, such process when returned being filed with thefilazer.
So, in C. B. if it be an original or capias, the same must be filed with thtfilazer; and the roll carried in and docquetted with the clerk of the judgments.
Isa plaintiff would take advantage of process sued out in this manner; upon the desendant's coming into court afterwards and pleading the statute in bar of the action, the plaintiff must shew that he has continued the writ to the time of the action brought, and must set forth that the first writ was returned. For if the desendant plead non affumpstt infra sex annos ante exhibitionem billa and the plaintiff tenders an issue thereon and issue be taken, the plaintiff cannot give the latitat in evidence; for a latitat may either be the commencement of the action, or only process to bring the defendant into court; and as process it may be sued out before the cause of action accrues. Bull. Ni. Pri. 151.
Of entering Process on the Roll to save the
So that the plaintiff to such plea, instead of tendering issue, should reply a latitat, sued out at such a time, and shew the same returned; then continue the same in his replication to the process on which the party comes in ; averring, that the first process sued out and returned, was sued out with a view to exhibit his bill, or declare for the same identical cause of action; and that the same was sued out within the time limited by the statute.
The continuances in such case where the plaintiff is driven to shew the writ continued may be entered upon the roll at any time.
Neither the king, nor ecclesiastical person, are within the statute of limitations. 11 Rep. 74.
If one sues out an anginal, or takes out a latitat in a personal action within the time limited by the statute, and upon his latitat hath a non est inventus returned by the sheriff, and enters his writ upon the roll and files it, though he doth not declare against the party within the time limited by the statute, the action shall be laid to be brought in due time. 2 Vent. 192. 193. 259.
O F T H E
CONTENTS os this VOLUME.
Of the Rule to appear and plead, and when a De-
. - Vol. II. C c Of
•f the Scire facias against Bail, and of Proceedings