Limitation of Actions Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIXO QUINTO

'VICTORJIB REGIN

A.D. 1861. -M -

dniq W,", sa r* 5. 2'

No. 13.

Aw Act to amend t12e law relating to the Limitation ufActions a

[Reserved, 29th November, 1 BE 1.3

IIEREAS the laws at present in force in the Province of South brought to recover land, moncy, or chattels, require amendment-- W Australia, relating to the period ~vithin which actions may be

Be it therefore Enacted h y the Governor-in-Chief of the Province of South Australia, with the advice and cormnt of the Legislative Council and H o u ~ e of Assembly of thc said Province, in this present

Parliament assembled, as follows- 4

1. From and after the coinmenccmcnt of this Act, " An Ordinance, for the limitation of actions and suits relating to Real Property l a a Repeal of No. 6 of

md .,,, of

and for simplifying the remedies for trying the rights thereto," being No. 6 of 1843; and G An Ordinance to remove doubts as to the applicability to this Province of certain Statutes and parts of Statutes respecting the limitation of actions," being No. 9 of 1848, shall be repealed, and the sevcral provisions of an Act of the Imperial Parliament, made in the third and fourth years of the reign of His ? : ; P $ee,onT;; , : :

late Majesty King William IV., intitultd " An Act for the limitation 3 &a i william 4,

of actions and suits relating to real property, and simplifying the	27-
remedies for trying the rights thereto,"shall continue to haw the forcc of law in this Province, except such of the clauses as are numbered respectively in the copies of that Act printed by Her Majesty's Printers 16, 17, 18, 40, and 42, which shall cease to have the fbrce of law in

the said Province: Provided nevertheless, that where by this Act any LLPn S. p . ( I -

of the provisions of the said Imperial Act are extended, altered, or varied, this Act and the said Imperial Act shall be read together, and construed as though the alterations hereby made had been embodied

in and formed a portion of the said Imperial Act.

2. The period within which an entry or distress &all be made, or Period for recovery of land or rent to be ten

U action

Y 8. ~ h ~ e u o f h n m * action brought to recover any land or rent, or where a mortgagor shall

S . . C 5 have obtained the possession or receipt of the profits of any land, or

the receipt of any rent comprised in his mortgage, so that the perio'a

dqy2X f within which the mortgagor or any person claiming through him may bring suit to redeem the mortgage shall be respectively ten

Proviao extending years in lieu of twenty years, as in such Act mentioned: Provided

in case

years shall have	that if such periods of ten years shall have actually expired when this
elapsed at the time of	Act shall come into operation, and the right to recover the land or
this Act coming into
operation.	rent be not @I. barred, then such entry, distress, action, or suit,

* " o+ +;I1 '' may be brought within two years from the date of this Act coming

*. e A+

into operation, or within the period withiu which, but for this Act

-+,. the same would have been barred, which shaU first happen; and if the said period of ten years shall at such date be within three years

% of expiring, then within five years from the expiration of the said period of ten years, or within the period within which, but for this Act the same would have been barred, which shall first happen.

Limitationofactions

on specialties to ten	3. All actions, suits, or other proceedings to recover any rent specialty, or upon any judgment or recognizance
years.	reserved by lease: all actions or suits upon bond or other

to recover any

&c 4oAa+ &-oney charged rent, at law or

On simple contract, and for nrrcars of equity, or any sued within ten years

rent or interest, and after the or suits, or the recovery of such

trespass On the	judgment, but not aftcr:	All actions grounded upon any lending, or
to six Scars.

contract express or implied without specialty, or upon any award

bmission is not by specialty, or for any money levied on

actions of account, or for not accounting; all actions,

proceedings to recover any arrears of rent or of iaterest

S q4-4	sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or intcrcsaall actions for direct iniuries to real or personal property; actioG!'or the taking away, detention, or conversion of property, goods, and chattels; actions for libel, malicious prosecutions, and arrest, and seduction; and iictions for all
trespass on the case, cxcept as hcrcinafter excepted, shdl be com- other causes which would be brought in the form of aclion called
menced and sued within six years af'ter the cause of snch actions, but

For assault, &C., to	not after: And all actions for assault, menace, battery, wounding,
four yem.	and imprisonment shall be ccn~rneilced and sued within four years
For slanders and	after the cause of such actions, but not after: And all actions for

penalties by statute,

to two years, words and for penalties, damages, or sums of money giren to the party grieved by any statute now or hereafter to be in force, shall be commenced and sued for within two Tears after the words spoken, or the cause of such action or suit, but not after: And with respect

S

For all other causes

within the period of

limitation now appli-	to every cause of action not herein specifically provided for, such
oable.	actions in respect thereof shall be brought within the same period of
Period of limitation	limitation now applicable thereto: I'rovidcd that nothing in this Act
given by statute not	contained shall alter the period of limitation of any actlon given by

> to be altered,

any statute where the time for bringing such action is, or shall be,

by any statute specially limitcd.

f n case of s ecialtiq 4. If any acknowledgment shall have been, or shall be made,

mtion may L bmu ht

witbin ten germ &r

either by writing signed by the party liable by virtue of any

indenture

indenture, specialty, judgment, or recognizance, or in the case of any	scknowledgment oi
part payment.
money charged upon or payable out of any land or rent, such acknowledgment shall have been made, or shall be made by the party liable to pay such money, or the agent of such p s t y respectively, or by part payment, or part satisfaction on account of any principal or interest being then due thereon, it shall be lawful for the person entitled to bring his action, suit, or other proceeding for the money remaining unpaid, and so acknowledged to be due, within ten years after such acknowledgment, by writing, or part payment, or part satisfaction, as aforesaid, and the plaintiff in any such action or suit, may rely on such acknowledgment, and that such action was brought within the time aforesaid in answer to a plea of this statute.
5. In actions grounded upon any simple contract no acknowledg- ment or promise shall be deemed sufficient evidence of a new or	ment or part payment After acknowledg-
in respect of liabilities
continuing contract, whereby to take any case out of the operation of	on simple contract.
the provisions of this Act in relation to the limitation of actions, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed
by the party chargeable thereby, or in a writing signcd by an agent of
the party chargeable thereby, duly authorized to make such acknow- ledgment or promise; and where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of this Act, BO as to bc chargeable in respect or by reason only of any written acknowledgment or pronlisc made and signed by any other or others of them: Providcd always, that nothing herein contained

shall alter or take away a~r lcssen the effect of any payment of any

principal or interest made by any person whomsoever.

6. No endorsement ox memorandum of any payment written or made upon any promissory note, bill of exchange, or other writing,	ment by cred:.tor not
Endorscment 3C p a p
to take case out of
by or on behalf of the party to whom such payment shall be made	statute.

shall be deemed sufficient proof of such payment, so as to take the case out of the operation of the provisions of this Act, in relation to the limitation of actions. As to debts alleged by

7. This Act shall be deemed and taken to apply to the case of any debt alleged by way of set-off on the part of any defendant.	way of set-off.
Payment by one CO.

8. When there shall be two or more CO-contractors or co-debtors, contractor not to

whether bound or liable jointly only or jointly and severally, or

prejudice the other.

executors or administrators of any contractor, no such CO-contractor

or CO-debtor, executor, or administrator, shall lose the benefit of the

said enrtctments, or any of them, so as to be chargeable in respect

or by reason only of payment of any principal, interest,or other money

by any other or others of such CO-contractors or coddebtors, executors,

or administrators.

9. If in any of the said actions judgment be given for the plaintiff, and the same be reversed on appeal or a verdict pass, or upon judg

judgment arrested or

Limitation aftor

reversed.

ment by default, damages be assessed for the plaintiff, and upon matter alleged in arrest of jud merit the judgment be given against the

plaintiff that he take not %m g by his plaint, in all such cases the party

plwintiff,

plaintiff, his hein, executors, or administrators, as the case shall require, may commence a new action or suit from time to time within the period of limitation hereinbefore provided for in such action, or within a year after such judgmenl, reversed or judgment against the plaintiff, and not after.

Period of limitation to

run as to joint debtors	10, Where such cawe of action or suit, with respect to which of them, lies against two or mo~e
in the Province,	the period cf limitation is fixed by the cnnctrnents aforesaid, or any

though are joint debtors, the person or persons

abeent therefrom

who shall be entitled to the same shall not be entitled to any time

* S * (. within which to conlmeilce and sue any such action or suit against any one or more of such joint debtors who shall not be absent from the said Province at the time a f such cause of action or suit accrued, by rcason only that some other one or more of such joint debtors was or were, at the timc such cause of action accrued, absent from

Judgment recovered the said Province; and such person or persons, so entitled as aforcsaid,

joint

in the Province to be

shall not be barred fi.0n-i commencing and suing any action or suit

no bar to prooceeaiag

rgainst others absent

against the joint debtor or joint debtors who was or were absent from

therefrom after their

the said Province at the lime the cause of action or suit accrued, after

return.

his or their return to the said J'rovinw, by reason only that judgment

was already recovered against any one or more of such joint debtors

who was not or were not absent from the said Province at the time

aforesaid.

Period of limitation

11. No person or persons who shall be entitled to any action or suit shall be brought is fixed by thisAct,shaU Le entitled to any time within which to u)<rnence and &c such action and suit beyond the period so

z i i$$ ty with respect to which the pcriod of limitation within which the same

only,

-bep	s a d *	fixed for the same by the said mactrnents, by reason only of such person, or some one or more of' such persons, being at thc time of such cause or causes of action or suit accrued, under any disability, such as ~nfancy, coverture, lunacy, unsounclness of mind, or absence from the said Province, so as to depril-e any party of the benefit of this Act, it being the intention of this Sct that the respective periods
of limitation licreinbeforc provided shall, under cvery circumstance
and condition, be the extreme pcxiod within which m y entry,
mentioned, shall be made or brought. distress, action, suit, or othcr proceeding hercinbefore respectively

Genetallimitationof

12. NO action shd! bc: brought for anythirlg clone under the

years after such cause of action, and in case of continuing damage,

then within one year after such damage shall haw ceased.

actions under local

authority of any Act of a local or personal nature, except within two

a , pen,albotr

Baving righb of the 13. Nothing in this Act contained shall be deemed or taken to

Crown. affect the rights of the Crown.

I hereby reserve this Act for tlie signification of the Queen's

plea sure.

R21CHARD GRAVES MACDONSELL,

Governor.

Government IIouse, Adelaide,

29th November, l86 l.

Melaik : Printed by authority by W, C, Cox, Government Printer, Victoria-square.