case hall against WYBORN Michaelmas term William and mary roll or to a plea of  the statute of limitation the plaintiff can reply that the defendant be beyond  the sea for the proviso in James c do not extend to defendant SC Carth SC Mod  SC salk case the defendant plead the statute of limitation James c the  plaintiff reply that the defendant be beyond sea the defendant demurrer the  question be if a defendant be beyond sea do avoid the statute of limitation  Tremaine argue that it do for the law compel no man to action fruitless as to  sue a man when there can be no fruit of the action and perhaps never will  return beside there be a great fine to the king upon a original and no person  in capacity to answer this be to take advantage of his own laches which the  law shower KB will not allow and there be no reason it shall be so then when  the plaintiff be out of the realm for he may sue by attorney or friend though  absent we can sue the defendant unless he come in person swain v Stephens  Jones cro car a see the case of Hamble v Trott Cowp a see post and the case  there cite a judgement be give for the plaintiff post and see Jenkinson v  Allanson keb Freem Robert v Marriot Mod sand lev shower KB er p Thompson  sergeant for the defendant the word of the proviso be plain only to mean the  party plaintiff a and can extend to the defendant dolbin justice this have be  a old question and never settle and do deserve to be better argue the quaere  be not if the defendant be within the proviso but if within the purvieu of the  Act if when the defendant be beyond sea the Act ever intend to bind by six  year holt chief justice if a defendant beyond sea be out of the statute then  if he return after the six year he be still out of the statute Gregory justice  there be the case of sir George Bynion v Evelyn b the statute of limitation  plead replication that the defendant be per tot time pillage privilege as a  parliament man and demurrer and hold a bar and that the privilege do not avoid  the statute Adjornatur before bene deliberand afterward judgement be give for  the defendant c