416 GAME LAWS. 



recovery of damages, is six years : but, if affecting the person 

 (that is to say, in a case of assault), only four years. 



If a penal act should limit no time for laying an information to 

 recover a penalty, the common law allows the crown two years 

 and the subject one year for this purpose. 



With regard to cases where the possibility of 

 bringing an action, within the limited time, might 

 be precluded by the absence of either party, I have 

 thought it advisable to put the following questions 

 to one eminent in the profession, for the purpose of 

 here giving brief directions as to what should be 

 done. 



Question. Supposing A should trespass on the lands of B, 

 while B is beyond the sea, can B sue for the trespass after his 

 return ? 



Answer. He can, provided he commences his action against A 

 within the time limited (by the 21 Jac. /., cap. 16) after his re- 

 turn, which is six years, and which would run from the time of 

 his return. 



Question. On the other hand, supposing A, after having com- 

 mitted a trespass on the lands of B, should, before the expiration 

 of the period limited for commencing an action, go beyond the 

 sea, can B commence such action against A after his return ? 



Answer. Yes, he may (by the 4 and 5 Anne, cap. 16), pro- 

 vided he commences his action within the period limited. (By the 

 21 Jac.) 



Question. Again, supposing A and B both be in the kingdom, 

 and A, after having committed a trespass on the lands of B, to 

 withdraw himself to a distant part of it, and there secrete liim- 

 self, till the period, within which an action may be commenced, 

 js expired, can B afterwards sue him for the trespass ? 



Answer. No, he cannot, as his right of action will be barred by 

 the statute, unless he sue out a writ within the limited period, 

 and, if A's residence be unknown, and he cannot be met with, to 



