LINGAN v. HENDERSON.—1 BLAND. 233

fregit: all actions of trespass, detinue, sur trover, or replevin for
taking away goods or chattels; all actions of account, contract,
debt, book, or upon the case, other than such accounts as concern
the trade or merchandise between merchant and merchant, their
factors and servants which are not residents within this Province;
all actions of debt for lending, or contracts without specialty; all
actions of debt for arrearages of rent; all actions of assault,
menance, battery, wounding and imprisonment, or any of them,
shall be sued or brought by any person or persons within this
Province, at any time after the end of this present session of
Assembly, shall be commenced or sued within the time and limita-
tion hereafter expressed and not after; that is to say, the said
actions of account, and the said actions upon the case, upon sim-
ple contract, book debt, or account, and the said actions for debt,
detinue, and replevin for goods and chattels, and the said actions
for trespass *quare clausum fregit, within three years ensu-
ing the cause of such action, and not after; and the said 247
actions on the case for words, and actions of trespass, of assault,
battery, wounding, and imprisonment, or any of them, within one
year from the time of the cause of action accruing and not after.
And this defendant saith. that neither he this defendant, nor to
his knowledge or belief the said John Hendersou deceased, this
defendant's father, did at any time within three years before
exhibiting the said bill or serving, or suing out process against
the defendant to appear to and answer the same, promise or agree
to come to any account for, or to pay, or any ways satisfy the said
complainants, or the said James M. Lingan in the said bill of com-
plaint mentioned, any sum or sums of money, for or by any reason
or matters, transactions or things in the complainant's said bill
of complaint mentioned, charged, or alleged. All which matters
and things this defendant doth aver to be true, and is ready and
willing to maintain and prove as this Honorable Court shall award;
and he doth plead the same in bar to the whole of the said bill,
and doth humbly demand the judgment of this Honorable Court
whether he this defendant ought to be compelled to make any
further or other answer to said bill.''

To this plea there was subjoined an affidavit of its truth; but
there was no answer in its support denying the admissions and
acknowledgments charged in the bill. The plaintiffs put in a
general replication to this plea, and the case was thus, without the
defendants Sarah Henderson and Janet L. Henderson having ap-
peared, set down for final hearing, and the solicitors of the par-
ties having been fully heard, the proceedings were submitted to
the Chancellor for his final determination upon the whole case, as
before set forth.

BLAND, C, 4th May, 1827.—Having come to the conclusion,
that the land must be decreed to be sold for the payment ol the