Imperial Act Adoption Act 1837 No 4a (NSW)
No. I II .
An Act for adopting a certain Act of Parl iament passed in the Third and Four th Years of the Reign of His present Majesty King William the Four th and applying the same in the Administrat ion of Jus t ice in New South Wales in like manner as other Laws of England are
applied therein. [13th July, 1837.]
| W i l l i a m t h e F o u r t h in t i tu led " An Act for the limitation of Actions | WH E R E A S | and four th years of t h e re ign of H i s presen t | Majesty | K i n g |
a cer ta in A c t of P a r l i a m e n t was passed in the th i rd
" and Suits relating to Ileal -Properly and for simplifying the Remedies
"for trying the Rights thereto" and whereas i t is expedient to adopt
| a n d | apply t h e said A c t of Pa r l i amen t | in | t he | admin i s t ra t ion | of jus t ice |
| in N e w South W a l e s | Be i t therefore | enacted by H i s Excel lency t he |
| Governor | of N e w South Wales w i th t h e advice of t h e Legis la t ive |
Counci l thereof Tha t t he said reci ted A c t of P a r l i a m e n t and every clause provis ion a n d enac tmen t there in conta ined shall be and the same a re and is hereby adopted and directed to be appl ied in t he admi n i s t r a t ion of jus t ice in t h e said Colony and i ts Dependencies in l ike
| of t h e same T h a t t h e words a n d expressions hereinaf ter ment ioned wh ich in the i r o rd inary signification have a more confined or a | different |
| m a n n e r | as o ther | L a w s | of E n g l a n d | are the re in | applied. |
2. A n d be i t fur ther enacted T h a t t h i s Ac t shal l commence and
t ake effect from a n d after t he first day of A u g u s t one t housand e ight
| h u n d r e d | and | thi r ty-seven. |
A N N O TER-TIO E T Q U A R T O G U L I E L M I IV . R E G I S .
C A P . X X V I I .
An Act for the limitation of Actions and Suits relating to Real
Property and for simplifying the Remedies for trying the
Rights thereto. [24/A July, 1833.1
| BE | it enac ted by t h e King ' s Most Excel len t Majesty by a n d wi th t h e advice a n d consent of t he Lords Spi r i tua l and Tempora l and |
| Commons in th i s p resen t | Pa r l i amen t assembled and by | the | au tho r i t y |
different m e a n i n g shal l in th i s Ac t except where t h e n a t u r e of t h e provision or t h e contex t of t h e Act shall exclude such con s t ruc t ion he in te rpre ted as follows ( tha t is to say) t h e word " L a n d " shall ex tend to manor s messuages and all o ther corporeal heredit a m e n t s whatsoever and also to t i thes (other t h a n t i thes be longing
to a sp i r i tua l or e leemosynary corporat ion sole) and also to
a n y share es ta te or in teres t in t h e m or any of t h e m whe the r t h e same shal l be a freehold or cha t t e l in te res t a n d whe the r freehold or copy hold or held according to any other t e n u r e and t h e word " R e n t " shal l ex tend to all her io ts and to all services and sui ts for which a distress m a y be m a d e a n d to all annui t ies and periodical sums of money charged u p o n or payab le out of any l and (except moduses or composit ions be longing to a spi r i tual or e leemosynary corporat ion sole) and t h e person t h r o u g h w h o m ano the r person is said to claim shal l m e a n any person by t h r o u g h or unde r or by t he act of w h o m the person so c la iming became ent i t led to t h e es ta te or in teres t c la imed as
heir issue in ta i l t enan t by t h e cour tesy of E n g l a n d t e n a n t in dower
successor special or general occupant executor admin i s t r a to r legatee h u s b a n d assignee appointee devisee or o therwise and also any person who was ent i t led to an es ta te or in te res t t o which t h e person so c la iming or some person t h r o u g h whom he claims became en t i t l ed as lord by escheat and the word " P e r s o n " shal l ex tend to a body poli t ic corpora te or collegiate a n d to a class of credi tors or o ther persons as well as an indiv idual and every word impor t ing t he s ingular n u m b e r only shall ex tend and be appl ied to several persons or th ings as well as one person or t h i n g and every word impor t i ng t h e mascu l ine gender only shal l ex tend a n d be appl ied to a female as well as a ma le .
2. A n d be i t fu r ther enacted Tha t after t h e thi r ty-f i rs t day of
December one t h o u s a n d e ight h u n d r e d a n d t h i r t y - t h r e e no person shal l
m a k e an en t ry or distress or b r i n g an act ion to recover any l and or
r e n t b u t wi th in t w e n t y years n e x t after t h e t ime a t which t h e r igh t to
m a k e such en t ry or distress or to b r i ng such action shal l have first accrued to some person t h r o u g h w h o m he claims or if such r igh t shall
no t have accrued to any person t h r o u g h w h o m he claims t h e n wi th in t w e n t y years n e x t after t h e t i m e a t which t h e r igh t to m a k e such en t ry or distress or t o b r i n g such ac t ion shal l have first accrued to t he person
m a k i n g or b r ing ing t h e same.
3. A n d be i t fur ther enac ted Tha t in t h e const ruct ion of th i s
A c t t h e r i gh t to m a k e an en t ry or distress or b r i ng an act ion to recover
any l and or r en t shall be deemed to have first accrued a t such t i m e as
hereinaf ter is men t ioned ( t ha t is to say) w h e n t h e person c la iming such l and or r en t or some person t h r o u g h w h o m he claims shal l in respect of t h e es ta te or in teres t claimed have been in possession or in receipt of t h e profits of such l and or in receipt of such r e n t and shall whi le ent i t led the re to have been dispossessed or have discont inued such pos session or receipt t h e n such r igh t shall be deemed to have first accrued a t t h e t ime of such dispossession or d iscont inuance of possession or a t t h e last t ime at which any such profits or r en t were or was so received and w h e n t h e person c la iming such land or r en t shall claim t h e estate or in te res t of some deceased person who shall have con t inued in such possession or receipt in respect of the same estate or in teres t u n t i l t h e t i m e of his dea th and shall have been t h e last person ent i t led to such es ta te or in teres t who shall have been in such possession or rece ip t t h e n such r igh t shal l be deemed to have first accrued a t t he
t i m e of such death and w h e n t h e person c la iming such l and or r en t
shal l claim in respect of an es ta te or in teres t in possession g ran t ed
appoin ted or otherwise assured by any i n s t r u m e n t (other t h a n a will)
t o h i m or some person t h r o u g h w h o m he claims by a person be ing in respect
respect of t he same es ta te or in teres t in t h e possession or receipt of the profits of t h e l and or in t he receipt of t h e r e n t and no person ent i t led u n d e r such i n s t r u m e n t shal l have been in such possession or receipt
| t h e n such r i g h t shall he deemed to have first accrued a t t h e t ime | a t |
which t h e person cla iming as aforesaid or t h e person t h r o u g h w h o m h e claims became ent i t led to such possession or receipt by v i r tue of such i n s t r u m e n t and when t h e es ta te or in teres t claimed shal l have been an es ta te or in teres t in reversion or remainder or other fu ture es ta te or in teres t and no person shal l have obtained t h e possession or receipt of t h e profits of such l and or t he receipt of such r en t in respect of such es ta te or in teres t t h e n such r i g h t shal l be deemed to have first
| accrued a t t h e t ime a t which such es ta te or interest | became an es ta te |
| or in te res t in possession and when t h e person c la iming such l and | or |
r e n t or t h e person t h r o u g h w h o m he claims shal l have become ent i t led b y reason of any forfeiture or breach of condit ion t h e n such r igh t shal l be deemed to have first accrued when such forfeiture was incur red or such condit ion was b roken .
4. P rov ided always t h a t when any r igh t to m a k e an en t ry or
distress or to b r i n g an act ion to recover any land or r en t b y reason of any forfeiture or breach of condit ion shall have first accrued in respect of any estate or in te res t in revers ion or remainder and the land or r e n t shall no t have been recovered by v i r tue of such r igh t t h e r igh t to m a k e an en t ry or distress or b r i ng an act ion to recover such l and or r en t shal l be deemed to have first accrued in respect of such estate or in te res t a t t he t ime w h e n t h e same shall have become a n es ta te or in teres t in possession as if no such forfeiture or breach of
| condit ion h a d | happened. |
5. Provided also t h a t a r igh t t o m a k e a n en t ry or distress or
to b r i n g an act ion to recover any l and or r en t shall be deemed to have first accrued in respect of an es ta te or in teres t in reversion at t he t ime a t which t h e same shall have become a n es ta te or in teres t in possession by t h e de te rmina t ion of any estate or es ta tes in respect of which such l and shall have been held or t h e profits thereof or such r en t shal l have been received no twi th s t and ing t h e person c la iming such l and or some person t h r o u g h w h o m he claims shall at any t i m e previously to t h e creat ion of t h e estate or estates which shall have de te rmined have been in possession or receipt of t he profits of such l and or in receipt of such ren t .
6. A n d be i t fu r ther enacted Tha t for t he purposes of th is Ac t
| an admin i s t r a to r | c la iming the es ta te or in te res t of | t he deceased person |
| of whose chat te ls he shall be appointed admin is t ra to r shall be deemed |
| to claim as if t he r e had been no in te rva l | of t ime be tween t h e | death |
of such deceased person and the g ran t of t he le t ters of adminis t ra t ion . 7. A n d be i t fur ther enacted Tha t w h e n any person shall be in possession or in receipt of t h e profits of any land or in receipt of any r e n t as tenant -a t -wi l l t he r igh t of t he person ent i t led subject the re to or of t he person t h r o u g h w h o m he claims to m a k e an en t ry or distress or brine ' an act ion to recover such l and or r e n t shall be deemed to have first accrued ei ther at t h e de te rmina t ion of such t enancy or a t t he expi ra t ion of one year n e x t after t he commencemen t of such t enancy at which t ime such t enancy shall be deemed to have de te rmined Prov ided always t ha t no mor tgagor or ces tu ique- t rus t shall be deemed to be a tenant -a t -wi l l wi th in t h e m e a n i n g of th i s clause to his mor t
| gagee or | t rus tee . |
8. A n d be i t fur ther enacted Tha t w h e n any person shall be in
possession or in receipt of t he profits of any l and or in receipt of any
r e n t as t e n a n t from year to year or other per iod wi thou t any lease in
| wr i t i ng | t h e r igh t of t he person | ent i t led subject | the re to | or of | t h e |
4 s person
person t h r o u g h w h o m he claims to m a k e an en t ry or distress or to
b r i n g a n ac t ion to recover such l and or r e n t shall be deemed to have
first accrued a t t h e de te rmina t ion of t h e first of such years or o the r
per iods or a t t h e las t t ime w h e n any r e n t payable i n respect of sucb t enancy shal l have been received (which shal l last happen ) .
9. A n d be i t fur ther enacted Tha t when any person shal l be in possession or in receipt of t h e profits of any l and or in receipt of any ren t by v i r tue of a lease in wr i t i ng by which a r en t a m o u n t i n g to t h e year ly s u m of twen ty shil l ings or upwards shall be reserved a n d t h e ren t reserved by such lease shall have been received by some person wrongful ly c la iming to be ent i t led to such l and or r e n t in
reversion immedia te ly expec tan t on t he de te rmina t ion of such lease and no p a y m e n t in respect of t he r e n t reserved b y such lease shall af terwards have been m a d e to t h e person r ightful ly ent i t led the re to t h e r i gh t of t he person ent i t led to such land or r en t subject to such lease or of t h e person t h r o u g h w h o m he claims to m a k e an en t ry or distress
or to b r ing an act ion after t h e de te rmina t ion of such lease shal l be deemed to have first accrued a t t h e t i m e a t wh ich the r e n t reserved by such lease was first so received by t h e person wrongfully c la iming as aforesaid and no such r igh t shall be deemed to have first accrued upon t h e de te rmina t ion of such lease to the; person r ightful ly ent i t led.
10. A n d be i t fur ther enac ted T h a t no person shall be deemed
to have been in possession of any land wi th in t h e mean ing of th i s Act
mere ly by reason of hav ing m a d e an e n t r y thereon. 1 1 . A n d be it fur ther enacted Tha t no cont inua l or o ther c laim
u p o n or near any l and shal l preserve any r i g h t of m a k i n g a n en t ry or distress or of b r i ng ing a n act ion. 12. A n d be i t fu r ther enacted Tha t when any one or more of
several persons ent i t led to any l and or r en t as coparceners jo in t -t e n a n t s or t enan t s - in -common shal l have been in possession or receipt
of t h e ent i re ty or more t h a n his or the i r undivided share or shares of such l and or of t h e profits thereof or of such r en t for his or the i r own benefit or for t h e benefit of any person or persons o ther t h a n t h e person or persons en t i t l ed to t h e o ther share or shares of t h e same land or r e n t such possession or receipt shall no t be deemed to have been t h e possession or receipt of or by such las t -ment ioned person or persons or any of them.
13 . A n d be it fu r ther enacted T h a t w h e n a younger b ro ther or
of t h e profits of any l and or to t h e receipt of any r en t shall en te r in to the o ther re la t ion of t h e person en t i t l ed as heir t o t h e possession or receipt possession or receipt thereof such possession or receipt shall no t be deemed
to be t h e possession or receipt of or by t he person ent i t led as heir .
14-. Provided a lways a n d be i t fu r ther enacted T h a t w h e n any
acknowledgment of t he t i t le of t h e person ent i t led to any l and or r en t shal l have been given to h i m or his agent in wr i t ing signed by t h e pe r son in possession or in receipt of t h e profits of such l a n d or in receipt of such ren t t h e n such possession or receipt of or by t h e person by w h o m such acknowledgmen t shall have been given shall be deemed according to t h e m e a n i n g of th i s Ac t t o have been t h e possession or receipt of or by t h e person to w h o m or to whose agent such acknowledgment shal l have been given a t t h e t ime of giving t h e same and the r igh t of such las t -ment ioned person or any person c la iming t h r o u g h h i m to m a k e any e n t r y or distress or b r i n g an act ion to recover such l and or r en t shal l be deemed to have first accrued a t and no t before t h e t ime a t wh ich such acknowledgment or t he las t of such acknowledgmen t s if more t h a n one was given.
15. Provided also and be i t fu r ther enac ted T h a t w h e n n o
such acknowledgment as aforesaid shall have been given before t h e passing of th i s A c t and the possession or receipt of t h e profits of t h e land or t h e receipt of t h e r en t shal l no t a t t h e t ime of t h e pass ing
| of t h i s A c t have been adverse to t h e r igh t | or t i t le of t h e | person |
| c la iming to be ent i t led there to t h e n such person or t h e person | c la iming |
| t h r o u g h | h i m | m a y | no twi th s t and ing | t h e | period | of | t w e n t y | years | herein |
before l imited shal l have expired m a k e a n en t ry or distress or b r ing an ac t ion to recover such l and or in teres t at any t i m e wi th in five years nex t after t h e pass ing of th i s Act .
16. Provided always and be i t fu r ther enacted Tha t if a t t h e t ime a t which t h e r igh t of any person to m a k e an e n t r y or distress or b r i n g an action to recover any l and or r en t shall have first accrued as aforesaid such person shall have been unde r any of t h e disabili t ies hereinafter ment ioned ( tha t is t o say) infancy cover ture idiotcy lunacy unsoundness of m i n d or absence beyond seas t h e n such person or t he person c la iming t h r o u g h h im m a y no twi th s t and ing t h e period of twen ty years hereinbefore l imited shal l have expired m a k e an en t ry or distress or b r i n g an act ion to recover such land or ren t a t any t ime wi th in t en years nex t after t h e t ime a t which t h e person to w h o m such r igh t shall first have accrued as aforesaid shall have ceased to be u n d e r any such disabil i ty or shall have died (which shal l have first happened) .
17 . P rov ided never theless and be i t fur ther enacted T h a t no
| en t ry distress or act ion shall be made or b r o u g h t by | any person | who |
a t t h e t i m e a t which his r igh t to m a k e an en t ry or distress or to b r i ng a n act ion to recover any land or r e n t shall have first accrued shall be unde r any of t h e disabilities hereinbefore men t ioned or b y any person
| c la iming t h r o u g h h i m bu t wi th in | forty | years | n e x t | after | t h e t ime at |
| which such r igh t shal l have first accrued a l t hough t h e person | unde r |
| disabili ty at such t ime m a y have remained unde r one or m o r e of | such |
disabil i t ies d u r i n g t h e whole of such forty years or a l t hough t h e t e r m of t en years from the t ime a t which he shall have ceased to be unde r any such disabili ty or have died shall not have expired.
18. Prov ided a lways and be i t fur ther enacted Tha t w h e n any
| person shall bo unde r any of t he disabilit ies hereinbefore | ment ioned |
at t h e t i m e a t which his r i gh t to m a k e a n en t ry or distress or to b r i n g a n act ion to recover any l and or ren t shall have first accrued
| any such disabili ty no t ime to m a k e an en t ry or distress or to br ing | and shal l depar t th is life w i thou t hav ing ceased to be unde r | ||
| an ac t ion to recover such l and or r en t beyond the said period of twenty years n e x t after t h e r igh t of such person to m a k e an en t ry or distress or t o b r i n g an ac t ion to recover such l and or r en t shall have first accrued or t he said per iod of t en years n e x t after t h e t ime a t which such person shall have died shall be allowed by reason of any disability of any other person. | |||
| 19. A n d be i t fur ther enacted Tha t no par t of the Uni ted Kingdom of Grea t Br i t a in and I r e l and nor t he I s l ands of Man Guernsey .Jersey Alderney or Sark nor any I s l and adjacent to any of t h e m (being pa r t of t h e Domin ions of H i s Majesty) shall be | |||
|
20. A n d be it fur ther enacted Tha t w h e n the r igh t of any
person to m a k e an en t ry or distress or b r ing an action to recover any l and or r en t to which he may have been ent i t led for an es ta te or in teres t in possession shall have been barred by the de te rmina t ion of t he period hereinbefore l imited which shall be applicable in such case and such person shall at any t ime du r ing the said period have been
enti t led
ent i t led to any other estate in te res t r i g h t or possibili ty in reversion remainder or otherwise in or t o t h e same land or r e n t no en t ry distress or act ion shall be m a d e or b r o u g h t by such person or any person
c la iming t h r o u g h h im to recover such l and or r en t in respect of such
o ther es ta te in te res t r i g h t or possibil i ty unless in t he m e a n t ime such l and or r en t shal l have been recovered by some person ent i t led t o an
es ta te in te res t or r i gh t which shal l have been l imited or t a k e n effect after or in defeasance of such es ta te or in teres t in possession.
2 1 . A n d be i t fu r ther enacted Tha t w h e n t h e r igh t of a t enan t -
in- ta i l of any land or r en t to m a k e an en t ry or distress or to b r i ng
a n act ion to recover t h e same shall have been bar red by reason of t h e same no t h a v i n g been made or b r o u g h t wi th in t h e period hereinbefore l imited which shall be appl icable in such case no such en t ry distress or act ion shall be made or b r o u g h t by any person c la iming any estate
in te res t or r igh t which such tenant - in- ta i l m i g h t lawfully have bar red .
22. A n d be it fur ther enacted Tha t when a t enan t - in - t a i l of
any l and or r e n t en t i t led to recover t he same shall have died before t h e expira t ion of t h e per iod hereinbefore l imited which shall be appl icable in such case for m a k i n g an en t ry or distress or b r ing ing a n act ion t o recover such l and or r en t no person c la iming any estate in te res t or r i gh t which such tenant - in- ta i l m i g h t lawfully have bar red shall m a k e an en t ry or distress or b r ing an act ion to recover such l and or r en t b u t w i th in t h e period du r ing which if such tenan t - in - ta i l h a d so long cont inued to l ive he migh t have m a d e such en t ry or distress or b rough t such act ion.
23. A n d be i t fur ther enacted Tha t when a tenant - in- ta i l of
any land or ren t shal l have m a d e an assurance thereof which shall not operate to ba r an estate or estates to t ake effect after or in defeasance of his estate ta i l and any person shal l by v i r tue of such assurance a t t h e t ime of t h e execut ion thereof or a t any t ime afterwards be in possession or receipt of t h e profits of such l and or in t h e receipt of such ren t and the same person or any other person whatsoever (other t h a n some person ent i t led to such possession or receipt in respect of an estate which shall have t aken effect after or in defeasance of t h e estate ta i l ) shall cont inue to be in such possession or receipt for t he period of twen ty years nex t after t h e commencement of t he t ime a t which such assurance if i t h a d t h e n been executed by such tenant - in- ta i l or t he person who would have been ent i t led to his es ta te ta i l if such
assurance h a d no t been executed would w i thou t t h e consent of any o ther person have operated to ba r such es ta te or estates as aforesaid t h e n a t t h e expi ra t ion of such period of t w e n t y years such assurance shal l be and be deemed to have been effectual as against any person c la iming any es ta te in teres t or r i gh t to t a k e effect after or in defeasance
of such es ta te ta i l .
24. A n d be i t fu r ther enac ted Tha t after t he said thir ty-f i rs t
day of December one thousand e ight h u n d r e d and th i r t y - th ree n o person c la iming any l and or ren t in equi ty shall b r i n g any suit to recover t h e same b u t wi th in t he period du r ing which by v i r tue of t h e provisions hereinbefore conta ined he m i g h t have m a d e an en t ry or distress or b r o u g h t an act ion to recover t he same respectively if he h a d been ent i t led at law to such estate in te res t or r igh t in or to t he
same as h e shal l c la im the re in in equi ty .
25. Provided a lways a n d be i t fu r ther enacted Tha t when any
l and or ren t shall be vested in a t ru s t ee upon any express t r u s t t h e
r i gh t of the ces tu ique- t rus t or any person c la iming t h r o u g h h i m to b r ing a suit agains t t h e t r u s t ee or any person c la iming t h r o u g h h i m to recover such l and or r e n t shall be deemed to have first accrued
according
according to t he mean ing of th i s A c t at and not before t he t ime a t which such l and or r e n t shall have been conveyed to a pu rchase r for a va luab le considerat ion and shall t h e n be deemed to have accrued only
| as aga ins t | such purchase r | and any person c la iming t h r o u g h | h i m . |
20. A n d be it fur ther enacted Tha t in every case of a concealed fraud t h e r igh t of any person to b r ing a suit in equi ty for t he recovery of any l and or r en t of wh ich he or any person t h r o u g h w h o m h e claims m a y have been deprived by such fraud shal l be deemed to have first accrued a t and not before t he t ime at which such fraud shal l or wi th reasonable diligence m i g h t have been first k n o w n or discovered provided t h a t n o t h i n g in th i s clause contained shal l enable any owner of lands or r en t s to have a suit in equ i ty for t h e recovery of such lands or ren t s or for se t t ing aside any convey ance of such lands or ren t s on account of fraud agains t any bond fide purchaser for valuable considerat ion who has no t assisted in t he commission of such fraud and who a t t he t ime t h a t he m a d e the purchase did not know a n d had no reason to believe t h a t any such fraud had been commi t ted .
27. Provided always and be it fur ther enacted T h a t n o t h i n g in
th is Act conta ined shal l be deemed to interfere wi th any ru le or jur isdict ion of Cour ts of E q u i t y in refusing relief on t he g round of acquiescence or otherwise to any person whose r i g h t t o b r i ng a suit
| m a y no t be ba r red by v i r tue of th i s | Act . |
28. A n d be i t fur ther enacted Tha t when a mor tgagee shall have obta ined t h e possession or receipt of t h e profits of any l and or t h e receipt of any r e n t comprised in his mor tgage t h e mor tgago r or any person c la iming t h r o u g h h im shal l no t b r ing a sui t to redeem t h e mor tgage b u t wi th in twen ty years nex t after t h e t i m e at which t h e mor tgagee obtained such possession or receipt unless in t h e m e a n t i m e an acknowledgment of t h e t i t l e of t h e mor t gagor or of his r i g h t of redempt ion shall have been given to t he mor tgago r or some person c la iming his es ta te or to t h e agen t of such
| m o r t g a g o r | or | person | in wr i t ing | signed | by t h e mor tgagee | or | t he |
| person c la iming t h r o u g h | h i m and in such case n o such sui t | shall |
be b rough t b u t wi th in t w e n t y years nex t after t h e t ime a t which such acknowledgment or t h e last of such acknowledgments if more t h a n one was given and w h e n the re shall be more t h a n one mor tgagor or more t h a n one person c la iming t h r o u g h the mor tgagor or mor t gagors such acknowledgment if given to any of such mor tgagors or
persons or his or the i r agen t shall be as effectual as if t he same had
been given to all such mor tgagors or persons b u t where the re shall be
more t h a n one mor tgagee or more t h a n one person c la iming t h e estate or in te res t of t h e mor tgagee or mor tgagees such acknow ledgmen t signed by one or more of such mor tgagees or persons shall be effectual only as agains t t he p a r t y or par t ies s igning as afore said and t h e person or persons c la iming any p a r t of t h e m o r t g a g e
| money or land or r en t by from or u n d e r h i m or t h e m and | any |
person or persons ent i t led to any estate or estates in teres t or in teres ts to t a k e effect after or in defeasance of his or the i r es ta te or estates in te res t or interests and shall no t opera te to give to t h e mor tgagor or
| mor tgago r s a r i gh t to redeem the mor tgage as agains t | t he person | or |
persons ent i t led to any other undivided or divided p a r t of the money or land or r e n t and where such of the mor tgagees or persons aforesaid as shall have given such acknowledgment shall be enti t led to a divided p a r t of t he land or r en t comprised in t h e mor tgage or some es ta te or in teres t there in and no t t o any ascer tained p a r t of t h e mor tgaged money t h e mor tgagor or mor tgagors shall be enti t led to r edeem t h e same divided pa r t of t h e land or r en t on paymen t w i t h
interest
interest of t h e pa r t of t h e mor tgage money which shal l bear t h e same proport ion to t h e whole of t h e mor tgage money as t h e va lue of such divided pa r t of t h e l and or ren t shal l bear to t h e va lue of t he whole of t he land or r e n t comprised in t h e mor tgage .
29. Provided always and be it fu r ther enacted T h a t i t shall be Mas te r of Hosp i t a l or o ther sp i r i tua l or e leemosynary corporat ion sole t o m a k e an en t ry or distress or to b r i ng an act ion or suit to recover any l and or r e n t wi th in such period as hereinafter is men t ioned nex t after t he
lawful for any Archb ishop Bishop D e a n P rebenda ry P a r s o n Vicar t i m e a t which t h e r i g h t of such corporat ion sole or of his predecessor to
m a k e such en t ry or distress or b r i ng such act ion or su i t shal l first have accrued ( tha t is to say) t h e per iod du r ing which two persons in succession shall have held t h e office or benefice in respect whereof such l and or ren t shall be claimed and six years after a th i rd person shall have been appointed the re to if t h e t imes of such two incumben cies a n d such t e r m of six years t a k e n toge ther shall amoun t to t h e full period of s ix ty years a n d if such t imes t aken toge ther shall no t a m o u n t to t he full per iod of s ixty years t h e n du r ing such fur ther
n u m b e r of years in addi t ion to such six years as will w i th t he t ime of t h e ho ld ing of such two persons and such six years m a k e u p the full period of s ixty years and after t he said thir ty-f i rs t day of December one t h o u s a n d e ight h u n d r e d and th i r t y - th ree no such en t ry distress
act ion or suit shal l be m a d e or b r o u g h t a t any t ime beyond the de te rmina t ion of such period.
30. A n d be it fu r ther enacted Tha t after t h e said thir ty-f i rs t
day of December one t housand e ight h u n d r e d and th i r ty - th ree n o person shall b r i n g any qua re impedi t or o ther act ion or any sui t to enforce a r i g h t to present to or bestow any church vicarage or o ther ecclesiastical benefice as t he p a t r o n thereof after t h e expira t ion of such period as hereinaf ter is ment ioned ( t ha t is to say) t h e period du r ing which th ree clerks in succession shall have held t h e same all of w h o m shal l have obta ined possession thereof adversely to t h e r i g h t of presenta t ion or gift of such person or of some person t h r o u g h w h o m he claims if t h e t imes of such incumbencies t aken together shall a m o u n t to t h e full per iod of s ixty years a n d if t he t imes of such incumbencies shall no t toge ther a m o u n t to t h e full period of sixty years t h e n after the expi ra t ion of such fur ther t ime as w i th t h e t imes of such incumbencies will m a k e u p t h e full period of s ixty years.
3 1 . Prov ided always a n d be it fur ther enacted That, when on
t h e avoidance after a clerk shall have obta ined possession of an ecclesiastical benefice adversely to t h e r i gh t of presenta t ion or gift of t h e pa t ron thereof a clerk shal l be presented or collated there to by H i s Majesty or t h e ord inary by reason of a lapse such last m e n t ioned clerk shal l be deemed to have obta ined possession adversely to t he r i g h t of presenta t ion or gift of such pa t ron as aforesaid b u t w h e n a c lerk shal l have been presented by H i s Majesty upon the avoidance of a benefice in consequence of t he i ncumben t thereof hav ing been made a bishop t h e i ncumbency of such clerk shall for t h e purposes of t h i s Act be deemed a cont inuat ion of the incumbency of t h e clerk so m a d e bishop.
32. A n d be i t fur ther enacted That in t h e const ruct ion of th i s
A c t every person c la iming a r igh t to p resen t to or bestow any ecclesiastical benefice as pa t ron thereof by v i r tue of any estate interest or r i gh t which the owner of an estate ta i l in t h e advowson m i g h t have
ba r red shall be deemed to be a person c la iming t h r o u g h t h e person
en t i t l ed to such es ta te ta i l and the r igh t to b r i ng any quare impedi t
ac t ion or su i t shall be l imited accordingly.
33 . P rov ided always and be i t fur ther enacted Tha t after the
| said thi r ty-f i rs t | day of December | one thousand | e ight h u n d r e d | and |
th i r t y - th ree no person shall b r i n g any qua re impedi t or other act ion or any sui t to enforce a r igh t to present t o or bestow any ecclesiastical benefice as t he pa t ron thereof after t he expira t ion of one h u n d r e d years from the t ime a t which a clerk shall have obtained possession of such benefice adversely to t h e r i gh t of presenta t ion or gift of such person or of some person t h r o u g h w h o m h e claims or of some person ent i t led to some preceding estate or in te res t or undivided share or a l te rna te r i gh t of presenta t ion or gift held or derived u n d e r
| t h e same | t i t le unless a clerk shal l | subsequent ly | have | obta ined |
possession of such benefice on t h e presen ta t ion or gift of t h e person so c la iming or of some person t h r o u g h whom h e claims or of some o ther person ent i t led in respect of an es ta te share or r i g h t held or
| derived | u n d e r | t h e | same | t i t le . |
34. A n d be i t fu r ther euac ted Tha t at t h e de te rmina t ion of t h e
period l imi ted by th is Ac t to any person for m a k i n g an en t ry or distress or b r ing ing any wr i t of qua re impedi t or other act ion or su i t the r i gh t and t i t le of such person to t he l and r e n t or advowson for t he recovery whereof such e n t r y distress act ion or suit respectively m i g h t
| have been m a d e or b r o u g h t w i th in such period shall be | ext inguished. |
35. A n d be it fur ther enacted Tha t t h e receipt of t h e r e n t
payable b y any t e n a n t from year to year or o ther lessee shall as aga ins t such lessee or any person cla iming u n d e r h i m (bu t subject t o t he lease) be deemed to be t he receipt of t h e profits of t h e l and for
| t h e purposes of th i s | Act . |
36. A n d be it fur ther enacted t h a t no wr i t of r i g h t pa t en t
| wr i t of r i gh t quia dominus remis i t cur iam wr i t of | r i gh t in capi te | wr i t |
| of r i g h t | in London wri t of r igh t | close wr i t | of r i gh t | de | ra t ionabi l i |
| pa r t e wr i t of r i gh t of advowson wr i t of r i g h t | u p o n disclaimer wr i t | de |
| ra t ionabi l ibus divisis | wr i t of r i gh t of ward wri t de consue tudin ibus | et |
| serviti is wr i t of cessavit wr i t of escheat wr i t of quo j u r e wr i t | of | secta |
| ad m o l e n d i n u m | wr i t | de essendo qu ic tum de theolonio wr i t of ne | injuste |
vexes wr i t of mesne wr i t of quod pe rmi t t a t wr i t of formedon in des cender in r emainder or in rever ter wr i t of assize of novel disseisin nu isance dar re in-presen tment j u r i s u t r i m or m o r t d 'ancestor wr i t of en t ry sur disseisin in t h e qu ibus in t h e per in t he per and cui or in t h e post wr i t of en t ry sur in t rus ion wr i t of en t ry sur a l ienat ion d u m
| fai t n o n compos men t i s d u m fuit infra setatem d u m fai t in pr isona ad | c o m m u n e m legem in casu proviso in consimili casu cui in v i ta sur cui | |||
| in v i ta cui an t e d ivor t ium or sur cui an t e d ivor t ium wr i t of en t ry sur aba tement wr i t of en t ry qua re ejecit infra t e r m i n u m or ad t e r m i n u m qui praeteriit or causa ma t r imon i i prselocuti wri t of aiel besaiel t resaiel cosinage or n u p e r obiit wr i t of was te wr i t of pa r t i t ion wr i t of disceit | ||||
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| 37. Provided always and be it fur ther enacted That w h e n on t h e said thir ty-f i rs t day of December one thousand e ight hund red and th i r ty- four any person who shall no t have a r ight of e n t r y to any l and shal l be ent i t led to ma in t a in any such wr i t or act ion as aforesaid in respect of such land such wri t or act ion m a y be b r o u g h t at any t i m e before t he first day of J u n e one thousand eight hund red and thirty-five |
in
i n case t he same m i g h t have been b r o u g h t if th i s A c t had not been
m a d e n o t w i t h s t a n d i n g t h e per iod of twen ty years hereinbefore l imited shal l have expired.
38. Provided also and be i t fur ther enacted Tha t when on t h e
said first day of J u n e one t h o u s a n d e ight h u n d r e d and thirty-five any
person whose r igh t of en t ry to any l and shall have been t a k e n away by any descent cast d iscont inuance or w a r r a n t y m i g h t m a i n t a i n any such wri t or act ion as aforesaid in respect of such l and such wr i t or act ion m a y be b rough t after t h e said first day of J u n e one t h o u s a n d
e ight h u n d r e d and thirty-five b u t only wi th in t h e period du r ing which b y v i r tue of the provisions of th is Ac t an en t ry m i g h t have been made upon the same land by the person b r ing ing such wr i t or act ion if h i s
r i g h t of en t ry had no t been so t a k e n away. 39. A n d be i t fur ther enacted Tha t no descent cast discon
t i nuance or w a r r a n t y which m a y h a p p e n or be m a d e after t he said
thir ty-f irs t day of December one t housand e ight h u n d r e d and th i r ty -
t h r e e shall toll or defeat any r igh t of en t ry or act ion for t h e recovery
of land .
40. A n d be it fu r the r enacted T h a t after t he said thir ty-f irs t
day of December one t h o u s a n d e ight h u n d r e d a n d th i r t y - th ree no act ion or sui t or other proceeding shall be b r o u g h t to recover any s u m of money secured by any mor tgage j u d g m e n t or l ien or o therwise charged upon or payable out of any l and or ren t a t law or in equ i ty or any legacy b u t wi th in twen ty years n e x t after a present r i gh t t o receive t h e same shal l have accrued to some person capable of giving a discharge for or release of t h e same unless in t h e m e a n t ime some
pa r t of t he pr inc ipa l money or some in teres t the reon shall have been paid or some acknowledgment of t he r i gh t t h e r e t o shall have been given in wr i t i ng s igned by t h e person by w h o m t h e same shal l be payable or his agent to t h e person ent i t led the re to or his agent and in such case no such act ion or suit or proceeding shal l be b r o u g h t b u t
wi th in twen ty years after such p a y m e n t or acknowledgment or
t he last of such p a y m e n t s or acknowledgments if more t h a n one was given. 4 1 . A n d be it fur ther enacted Tha t after t h e said thirty-first
day of December one thousand e ight h u n d r e d and th i r ty - th ree no arrears of dower nor any damages on account of such ar rears shall be recovered or obta ined by any ac t ion or suit for a longer period t h a n six years nex t before t h e commencemen t of such ac t ion or suit .
42. A n d be i t fur ther enacted Tha t after t h e said thir ty-f i rs t
day of December one thousand e ight h u n d r e d and th i r ty - th ree n o a r rears of ren t or of in teres t in respect of any s u m of money charged u p o n or payable out of any l and or r en t or in respect of any legacy or any damages in respect of such a r rea rs of r en t or in teres t shal l be recovered by any distress act ion or suit b u t w i th in six years nex t after t h e same respectively shall have become due or nex t after an acknow ledgment of t h e same in w r i t i n g shal l have been given to t h e person
en t i t l ed the re to or his agen t signed b y the person by w h o m t h e same was payable or his agent Provided nevertheless t h a t where any pr ior mor tgagee or o ther incumbrance r shall have been in possession of any land or in t h e receipt of t h e profits thereof wi th in one year n e x t before an action or sui t shal l be b r o u g h t by any person ent i t led to a subse q u e n t mor tgage or other incumbrance on the same land the person ent i t led to such subsequent mor tgage or i ncumbrance m a y recover in such act ion or suit t h e a r rea rs of in teres t which shall have become due du r ing t h e whole t ime t h a t such pr ior mor tgagee or incumbrancer was in such possession or receipt as aforesaid a l t hough such t i m e
m a y have exceeded t h e said t e r m of six years .
4 3 . A n d be i t fur ther enacted Tha t after t h e said thir ty-f irs t
| day of December | one | t housand | e ight | h u n d r e d | and th i r t y - th ree | no |
| person c la iming any t i thes legacy or o ther p roper ty for t h e | recovery |
of which h e m i g h t b r i ng an act ion or suit a t law or in equi ty shal l b r i n g a suit or o ther proceeding in any Spir i tual Cour t to recover t h e same b u t wi th in t h e period du r ing which he m i g h t b r i n g such act ion or sui t a t law or in equi ty.
44. Provided always and be i t fur ther enacted T h a t th i s A c t
shal l no t ex tend to Scot land a n d shal l n o t so far as i t re la tes to any
r i g h t t o pe rmi t t o or bes tow any church vicarage or o ther ecclesiastical
| benefice | ex tend to | I r e l and . |
45 . A n d be i t fur ther enacted T h a t th i s A c t m a y be amended
| a l te red | or repealed du r ing th is p resen t | Session of | Pa r l i amen t . |
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