case hall against WYBANK Michaelmas term will mary roll if a debtor be beyond  sea at the time the cause of action arise the creditor may sue after his  return within the time limit by James c and the Ann c S c Carth S c show S c  salk lev Mod cro car vern will viner Abr Com dig Temps g Bac Abr dougl the  statute James c of limitation be that if any person be entitle to a action and  shall be a infant feme covert imprison or beyond sea that then he shall bring  the action when he be at full age discovert of sane memory at large or return  from beyond sea the plaintiff bring a indebitatus assumpsit to which the  defendant plead non assumpsit infra sex aged the plaintiff reply that the  defendant be all that time beyond sea so that he can not prosecute any writ  against he c and upon a demurrer Tremaine sergeant argue that the plaintiff be  not bar by the statute which be make to prevent suit by limit personal action  to be bring within a certain modern er p time and it can be extend in favour  of the defendant who be a debtor and beyond sea because it be uncertain  whether he will return or not and therefore there be no occasion to begin a  suit till his return it be true the plaintiff may file a original and outlaw  the defendant and so seize his estate but no man be compel by law to do a act  which be fruitless when it be do and such this will be for if the plaintiff  shall file a original it be probable the defendant may never return and then  if the debt be a thousand pound or upward he will be at a great expense to no  purpose or if the party shall return be may reverse it by error see Lutw side  salk stram ld ray burr a modern it be a new way invent for the payment of debt  for if the debtor go beyond sea and stay there six year their debt will by  this mean be all pay the word of the statute do not extend to this case for  the proviso be that if the plaintiff be beyond sea when the cause of action do  accrue that then he shall have liberty to continue it at his return yet it be  within the equity of law for he to bring his action when the defendant return  who can be sue till then swain v Stephens cro car and see very v Jackson term  that if one plaintiff be abroad and other in England the action must be bring  within six year after the cause of action arise a that statute have be expound  accord a to equity be not now a new position for construction have be make  accord to the sense and meaning and not accord to the letter of many statute  roll Rep b as the statute of Westminster the second c which give a action of  debt against a gaoler for a escape and that per breve yet by the equity  thereof it have be adjudge that a bill of debt will lie for the statute of  Richard c give the like action against the warden of the fleet for the escape  of a prisoner in execution which by construction have be adjudge to extend to  all gaoler and sheriff sand c if this statute shall not be expound accord to  equity then if the plaintiff himself shall be beyond sea six year after the  cause of action and die there his executor or administrator can sue for a debt  curian this case be out of the equity of the statute which provide a remedy  when the plaintiff be beyond sea but not when the defendant be there but now  by Ann c if any person against who a action lie for seaman wage trespass  detinue trover or other action mention in James c be beyond sea at the time  such action accrue the plaintiff shall be at liberty to bring his action  against he within the same time after his return as be limit for such action  by James c d it be never intend to make any provision for he since the  plaintiff may file a original and sue he to the outlawry but dolben justice  make some doubt adjournatur in S c Carth S c show it be say that judgement be  give for the defendant e michaelmas term the second of William and mary in the  king and queen bench sir John holt Knt chief justice sir William dolben Knt  sir William Gregory Knt sir Giles eyres Knt justice sir George Treby Knt  attorneygeneral sir John summer Knt solicitor general