Barnardiston king b Watlington and Wilkinson all Watlington and brand how far  the statute of limitation be a good plea to a bill in a court of equity canc  these be two cause wherein the defendant be charge with carry on a fraud in by  draw people into a bubble call the OrkneyFishery the bill be bring to have a  discovery of this fraud and the money refund the defendant in the first cause  plead the statute of limitation in bar to the discovery and by way of answer  set forth in particular that there be no fraud the defendant in the second  cause set forth that he be only cashier to the proprietor and bare as to that  part of the bill which require he to refund the money the adventurer have put  into his hand plead the statute of limitation and deny that he know any thing  of fraud or that he be one of the manager and for answer say that he be  Willing to make a discovery of any thing he know and ready to account if the  court shall be of opinion that he ought to do so the solicitor general be  counsel for the defendant in the first cause and urge that it be most know and  certain that if there have be no fraud suggest in the bill the plaintiff can  not come into a court of equity and pray relief when they have stay too late  for have any in the court of law and as to the foundation of fraud it be  discover from the very first and there be equal reason that a complaint of  this sort shall be confine to be make within the time limit by the statute as  any other and this he say be clear allow in Lord warrington case that be late  before the house of lord and the judge require to attend in it but the great  debate in that case be if a fraud shall happen to be detect after six year  whether the party be too late to apply for relief the house of lord be indeed  of opinion that the party be not too late in that case but the difficulty they  have upon they in get over that point be a full argument that they well be  satisfy that he will be too late in the other Lord chancellor say that this be  a matter which well deserve some consideration but think clear that this plea  can not be a bar to the plaintiff require a discovery of the fraud and then  indeed it may be proper to consider whether the plaintiff know of it so soon  as to have be oblige to have bring his bill before accord his lordship order  that the plea shall stand for a answer with liberty to except however to the  plea of the defendant in the second cause the attorney general say that he  hope it shall be direct allow for a bar he say it be not plead in bar of  Barnardiston king b er p a discovery but mere to the refund the money to the  adventurer upon account of the defendant be only a common cashier or banker to  the proprietor without know any thing of a fraud in the design this he  Barnardiston king b say be express swear by the answer the court say that if  this be truth most certain the plea will be good but however it will be proper  to be full consider of upon the hear and accord order this plea likewise to  stand for a answer c salk