380 Privileges and Incapacities of Ki?ig, [Ch. XIV. claim (a). Nor can there be a tenant at sufferance against the King ; for as no laches can be imputed to his Majesty for not entering, if the King's tenant hold over he will be considered as an intruder {b). So no man by entry can at common law gain himself a title against the King (c), nor will any descents toll his entry {d). So the statute of limitations does not bind the King(^). And it seems, that if a bill of exchange or pro- missory note come into the hands of the Crown before it be due, the non-presentment of it when due, and omission to give notice of dishonour, are not material {/). Even at common law, however, a prescription may be good against the King, as in the case of waifs (g) ; and in many cases the Crown, by deferring a seizure, &c. may have a less effica- cious remedy (^); and " custom upon the land, as borough English, gavelkind, &c. shall bind the King (e)." And by the nullum temptis Act, 9 Geo. 3. c. 16. (^), the King shall not sue, &c. any person, &c. for any lands, &c. (except liberties and franchises), or any title which has not first ac- crued within sixty years before the commencement of such suit, unless he has been answered the rents within that time, or they have been in charge, or stood insuper of record, and the subject shall quietly enjoy against the King, and all claiming under him, by patent, &c. This extends not to estates in re- version or remainder, or limited estates. These lands shall be held on the usual tenures, &c. Usual fee-farm rents confirm- ed. Putting in charge, standing insuper^ &c. good only when on verdict. Demurrer or hearing, the lands, &c. have been given, adjudged, or decreed to the King. And prescription is now pleadable against the Crown, even in the case of franchis- es and offices ; for by statute 32 Geo* 3. c. 58. six years* (fl) 5 Cruise, 1 ed. 208. ch. 13. s. 3. (A) Ibid, ante, 251. And see further {b) 1 Inst. 57, b. 2 Leon. 143. Bro. exceptions to the rule nv2/um, &;c. Co. Ab. tit. Disseisin, 4. Hob. 322. Rol. Lit. 119, a. note 1. Ab. 659. (0 Vin. Ab. Prerog. T. 2. If land, (c) Co. Lit. 41, b. which ought to pay a fine at the aliena- (rf) 2 Leon. 31. pi. 37. Plowd. 243, a. tion, be aliened to the King, he shall not Vin, Ab. Prerog. T. 2. pay fine. Per Priscott, Bro. Ab. Cus- (c) Ante, 566. toms, pi. 5, cites Y. B. 55 H. 6, 25. (/) Chitty on Bills, 5th ed. 257, 319. (A) Acton this subject relative to cites West on Extents, 28, 29, 3(). Ireland, 48 Geo. 3. c. 47. (g) Stauiidf. Praerog. Regis, 32, a. b. possession
