CHAP. I. Of PERSONAL ACTIONS, and the TIME limited for their actions. PERSONAL Actions are ex contractu, vel ex delicto; being founded Personal pass It was formerly holden, that an action of debt would not lie against an executor or administrator, upon a simple contract made by the testator or intestate, except in London, where such an action was maintainable by the custom; but where the contract was made by the executor or administrator, an action of debt might have been maintained against hime: And now, by the late act for the further amendment of the law, and better advancement of justice, an action of "debt on simple contract shall be maintainable, in any court of common 66 Action of debt on simple contract, against executor or ad ministrator. abolished. law, against any executor or administrator." It should also be ob- Wager of law served, as connected with this subject, that, by another clause of the same statutes, no wager of law shall be hereafter allowed." 66 a 1 Bac. Abr. 26. Gilb. C. P. 5. and see Tidd Prac. 9 Ed. 1. The frequent references to Tidd's Practice are intended to shew the connexion between that work and the present; and how the practice of the courts stood, before it was altered by subsequent statutes, rules of court, and judicial decisions. For the different causes of action comprised under the above heads, see Tidd Prac. 9 Ed. 1. 4, &c.; and for an Outline or Summary of real and mixed actions, see Sup. thereto, 1833, pp. 1, &c., and the authorities there referred to, particularly Mr. Roscoe's valuable treatise on real actions, &c. 293, and the authorities there cited City of London's case, 8 Co. 126. f 3 & 4 W. IV. c. 42. § 14. and see And as & 3 & 4 W. IV. c. 42. § 13. B |