Northampton County, NC - William Bridges, Jr. v. Lawrence Smith, 1811 From Northampton The statute 31 Elizabeth, ch. 5, limiting the time for bringing qui tam actions, is in force in this State. This was an action of debt to recover the penalty given by the act of 1741, ch. 11, to restrain the taking of usurious interest upon money loaned. The usury was received on 15 May, 1806, and the writ in this case sued out on 9 December, 1807. The defendant pleaded, among other pleas in bar, the stat. 31 Eliz., ch. 5, limiting the time within which actions qui tam shall be brought; and the jury found for the plaintiff, subject to the opinion of the court, whether that statute of Elizabeth be in force in this State. The question was sent to this Court. By the Court. The statute 31 Elizabeth, ch. 5, is in force in this State, and bars the plaintiff's right of action.* *This case occured in 1806, and the Court resorted to the statute of Elizabeth, because at that time the General Assembly had passed no general act limiting the time for bringing penal actions. In 1808 they passed "An act to limit penal actions," in which it is declared, "That all actions and suits to be brought on any penal act of the General Assembly for the recovery of the penalty therein set forth shall be brought within three years after the cause of such action or suit shall or may have accrued, and not after: Provided, that this act shall not affect the time of bringing suit on any penal act of the General Assembly which hath a time limited therein for bringing the same." Reporter. Source: NC Reports July Term, 1811 NC Supreme Court Pg 44-45 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________